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If the law is on your side, pound the law. If the facts are on your side, pound the facts. If neither the law nor the facts are on your side, pound the table.
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Legal Definitions - bargain purchase
Simple Definition of bargain purchase
A bargain purchase refers to the acquisition of an asset or property at a price less than its fair market value. This transaction is often driven by a seller's urgent need to sell or other special circumstances.
Definition of bargain purchase
A bargain purchase occurs when an individual or entity acquires an asset, such as property, equipment, or even an entire business, for a price that is significantly below its fair market value. This situation often arises due to specific circumstances, such as a seller's urgent need to sell, financial distress, or unique market conditions that create an advantageous opportunity for the buyer. From an accounting perspective, a bargain purchase can sometimes result in "negative goodwill," indicating that the buyer acquired the net identifiable assets for less than their fair value.
Example 1: Business Acquisition
A struggling manufacturing company, facing severe liquidity issues, decides to sell one of its non-core divisions. A larger competitor, recognizing the division's underlying value despite the seller's distress, offers to buy it for 70% of its estimated fair market value. The competitor completes the acquisition, considering it a bargain purchase because they obtained a valuable business unit and its assets at a substantial discount due to the seller's urgent financial situation.
Example 2: Real Estate
A bank forecloses on a commercial property and, to clear its books quickly, lists it for sale at an auction with a reserve price well below its appraised value. An investor attends the auction and successfully bids on the property, acquiring it for 20% less than what comparable properties in the area are selling for. This transaction is a bargain purchase for the investor, as they secured a valuable real estate asset at a price significantly under its true market worth due to the distressed nature of the sale.
Example 3: Personal Property/Collectibles
During a local community auction to raise funds, a rare first-edition book is donated and inadvertently misidentified by the organizers, leading to a low starting bid. An avid book collector, recognizing the true rarity and value of the item, places a winning bid that is considerably less than what the book would fetch from a specialized dealer or at a major auction house. For the collector, this acquisition represents a bargain purchase because they obtained a highly valuable collectible for a fraction of its actual market price.