How to formalize your offer with an APA

A guide explaining how to draft, sign, and send an APA on Acquire.com

What is an APA?

An asset purchase agreement (APA) formalizes the price and terms of your deal. Since it's legally binding, you and the seller only sign when you've completed all due diligence.

How to draft an APA

The easiest, fastest way to draft an APA is with our APA builder. It only takes a few minutes and is flexible enough to cover most deal structures. You and the seller sign it digitally.

1. From My deals, click Send APA.
2. Click Build APA.
3. Enter the purchase price and terms.
4. Enter the closing payment.
5. Enter additional terms (seller financing and holdbacks, for example).
6. Enter closing conditions (pick from the list or add your own).
7. Enter the governing law of jurisdiction.
8. Choose your mode of payment (our escrow partner, your own agent, or no escrow)
9. Enter the assets under acquisition (most pre-filled from the listing).
10. Download and review the APA.
11. Type your signature and choose how you're signing (as an individual or entity).
12. Enter a message to the seller (recommended)
13. Click Send APA.

The seller must also sign your APA for it to become legal and valid. We'll notify you when the seller has signed and also update your acquisition status. Then you can begin closing.

How to upload an APA

If you've drafted your APA off-platform, we recommend uploading it and signing on-platform for transparency.

1. From My deals, click Send APA.
2. Click Upload APA.
3. Drag and drop or upload your APA in PDF.
4. Enter a message to the seller (recommended). 
5. Enter the purchase price.
6. Choose your payment method (our escrow partner, your own agent, or no escrow)
7. Enter the assets under acquisition (most pre-filled from the listing).
8. Type your signature and choose how you're signing (as an individual or entity).
9. Click Send APA.

How to cancel your APA

Please read before canceling your APA

We cannot speak on behalf of an attorney. If you have any questions about canceling an APA, please consult your attorney for more information.

We recommend doing the following before canceling your APA:

• Please ask the seller to confirm in writing that they want to terminate the transaction (if they have not done so already).
• Ensure you're up-to-date on your LOI obligations.
• Please review your APA to determine whether you can terminate the agreement yourself or if you need the seller's consent. If you have any questions about this, please contact your attorney.
• Please keep a record of your escrow transaction cancelation. Acquire.com has no part of any transaction or release of funds, so if you have questions about escrow, please direct them to the escrow provider (Escrow.com or SRS Acquiom).

How to cancel your APA

1. Under My deals, click Active.
2. Click the deal whose APA you want to cancel.
3. Click the downward arrow next to the "APA sent" status.
4. Click Yes, cancel APA on the confirmation window.
5. To send a new APA, click Send new APA.

Still need help?

Please search the help desk again or contact support at support@acquire.com.