When a business sale dispute reaches the point where negotiations over the completion accounts or earn out have stalled, that’s when an expert determination can move the process along and produce a quick and final resolution.

When Vero is first engaged to perform an expert determination, both parties will be asked to submit papers to demonstrate the history of the case up to the point of dispute. Once this paperwork is submitted both parties will have an opportunity to respond to the other party’s case.

After careful consideration, further questionnaires and investigation, the determination will be handed down, and this decision is final. At this point the dispute is resolved, and the funds can then change hands to finalise the sale. 

Can an expert determination be overturned?

The benefit of expert determination is how quickly the process can take place, without the cost of lengthy legal proceedings, and with the benefit of having had an expert eye address the issues impartially. 

The only way to overturn an expert determination, there needs to be evidence of a serious error i.e., ‘manifest error’, clearly demonstrating that the expert has got it wrong. 

This does mean you have to carefully choose your expert as it is very rare that an expert determination will be overruled.

To find out more about expert determination, please click here and I’d be happy to have a ‘commitment free’ discussion about your issue. 

Regards, 

Charles Lazarevic