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NON-DISCLOSURE AGREEMENT
This is a Non-Disclosure Agreement (“Agreement”) between:
Business Brokerage Services, LLC a Colorado Corporation (“the Brokerage”).
AND
The undersigned individual and on behalf of undersigned’s business entity, its officers, directors, partners, shareholders, employees, agents, and advisors (collectively the “Buyer”)
Landscaping & Snow Removal Business Morrison, Colorado
Our agreement with the Seller requires that the Brokerage obtain a Non-Disclosure Agreement and evidence of financial ability/proof of funds from the Buyer before disclosing the name, location, or any confidential information of the Business(s). Any and all information obtained from the Buyer will be kept confidential by the Brokerage. “Information” as used in this Agreement will include the fact that the Business is for sale, in addition to any/all proprietary, sensitive, confidential data, and descriptive details provided about the Business(s) by the Brokerage, Seller, or any other sources. The Buyer agrees that ALL Information will be kept confidential.
The Buyer acknowledges and agrees:
Any information provided about the Business is proprietary, sensitive, and confidential. The disclosure of any information to any other party may be damaging to the Business and/or Seller.
Not to disclose, for a period of 2 years following the date of receipt of any information regarding any Business to any other person who has not signed this Agreement, except to secure the advice and recommendations of business advisors (accountants or attorneys).
Not to contact the Seller or it's landlords, franchisors, employees, suppliers, or customers except through the Brokerage. All correspondence, inquiries, offers to purchase, and negotiations relating to the purchase or lease of any business presented by the Brokerage will be conducted exclusively through the Brokerage.
Not to circumvent or interfere with the Brokerage contract with the Seller in any way. The Buyer understands that if the Buyer or any agent thereof, interferes with the Brokerage's contractual right to its fee from the Seller, the Buyer will be personally liable for any commission due to the Brokerage. The Buyer understands that should the Buyer become a manager, employee, or otherwise be connected in any way with the Business shown or offered to the Buyer for sale, or should the Buyer buy, trade, lease or exchange any of the Business that is disclosed to the Buyer, then a commission will be due to the Brokerage from the Buyer.
The Buyer understands that if the Buyer purchases the Business through the Brokerage, the Buyer will not be liable for commissions to be paid to the Brokerage by Seller.
The Buyer acknowledges and agrees that all Information regarding the Business is provided by the Seller or other sources and is not verified in any way by the Brokerage. The Brokerage has no knowledge of the accuracy of the Information and makes no warranty, expressed or implied, as to the accuracy of the Information. Understanding that the Buyer will make an independent verification of the Information prior to the purchase of the business, the Buyer agrees that the Brokerage is not responsible for the accuracy of any of the Information that the Buyer receives or fails to receive and that the Buyer agrees to indemnify and hold the Brokerage and its agents harmless from any claims or damages which may occur by reason of the inaccuracy or incompleteness of any Information provided to the Buyer with respect to the Business.
Should the Buyer decide to no longer pursue the purchase of the Business, the Buyer will promptly advise the Brokerage of this fact and will immediately return all proprietary, sensitive, and confidential Information furnished to the Buyer, without retaining copies, summaries, analyses, or extracts.
The Buyer further agrees that any earnest money deposit made for the purchase of this business will be held in trust with Business Brokerage Services, LLC.
Business Brokerage Services is a Multiple-Person Firm that has a “Success Fee” based upon a contract between Seller for the sale, trade, lease, or transfer of the Seller’s Business and/or Property.
The Broker is a Transactional Broker/Intermediary. However, the Brokerage, at its sole discretion with notice, may assign different roles to different Brokers to assist the Buyer or Seller respectively.
The Buyer was provided “Brokerage Disclosure to Buyer Definitions of Working Relationships.”
BROKERAGE DISCLOSURE TO BUYER DEFINITIONS OF WORKING RELATIONSHIPS
Seller’s Agent: A seller’s agent works solely on behalf of the seller to promote the interests of the seller with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the seller. The seller’s agent must disclose to potential buyers all adverse material facts actually known by the seller’s agent about the property. A separate written listing agreement is required which sets forth the duties and obligations of the broker and the seller.
Buyer’s Agent: A buyer’s agent works solely on behalf of the buyer to promote the interests of the buyer with the utmost good faith, loyalty and fidelity. The agent negotiates on behalf of and acts as an advocate for the buyer. The buyer’s agent must disclose to potential sellers all adverse material facts actually known by the buyer’s agent, including the buyer’s financial ability to perform the terms of the transaction and, if a residential property, whether the buyer intends to occupy the property. A separate written buyer agency agreement is required which sets forth the duties and obligations of the broker and the buyer.
Transaction-Broker: A transaction-broker assists the buyer or seller or both throughout a real estate transaction by performing terms of any written or oral agreement, fully informing the parties, presenting all offers and assisting the parties with any contracts, including the closing of the transaction, without being an agent or advocate for any of the parties. A transaction-broker must use reasonable skill and care in the performance of any oral or written agreement, and must make the same disclosures as agents about all adverse material facts actually known by the transaction-broker concerning a property or a buyer’s financial ability to perform the terms of a transaction and, if a residential property, whether the buyer intends to occupy the property. No written agreement is required.
Customer: A customer is a party to a real estate transaction with whom the broker has no brokerage relationship because such party has not engaged or employed the broker, either as the party’s agent or as the party’s transaction-broker.
RELATIONSHIP BETWEEN BROKER AND BUYER
CHECK ONE BOX ONLY:
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Multiple-Person Firm
Broker, referenced below, is designated by Brokerage Firm to serve as Broker. If more than one individual is so designated, then references in this document to Broker shall include all persons so designated, including substitute or additional brokers. The brokerage relationship exists only with Broker and does not extend to the employing broker, Brokerage Firm or to any other brokers employed or engaged by Brokerage Firm who are not so designated.
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One-Person Firm
If Broker is a real estate brokerage firm with only one licensed natural person, then any references to Broker or Brokerage Firm mean both the licensed natural person and brokerage firm who shall serve as Broker.
CHECK ONE BOX ONLY:
Customer
Broker is the seller’s agent seller’s transaction-broker and Buyer is a customer. Broker intends to perform the following list of tasks: Show a property Prepare and Convey written offers, counteroffers and agreements to amend or extend the contract. Broker is not the agent or transaction-broker of Buyer.
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Customer for Broker’s Listings – Transaction-Brokerage for Other Properties.
When Broker is the seller’s agent or seller’s transaction-broker, Buyer is a customer. When Broker is not the seller’s agent or seller’s transaction- broker, Broker is a transaction-broker assisting Buyer in the transaction. Broker is not the agent of Buyer.
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Transaction-Brokerage Only.
Broker is a transaction-broker assisting the Buyer in the transaction. Broker is not the agent of Buyer. Buyer consents to Broker’s disclosure of Buyer’s confidential information to the supervising broker or designee for the purpose of proper supervision, provided such supervising broker or designee does not further disclose such information without consent of Buyer, or use such information to the detriment of Buyer.
PLEASE PROVIDE THE FOLLOWING INFORMATION:
* required information
PERSONAL INFORMATION
Street Address:
*
City:
*
State:
*
Zip Code:
*
All personal information received from Buyer is confidential and shall not be shared with any other entities.
BROKER INFORMATION
Are you a licensed broker or working with a licensed broker?
*
Name of the Broker:
Broker's company name:
Note: If you answered Yes above, the Name of broker and company name are mandatory.
TELL US A LITTLE MORE - While not required, this will help us guide you with a more personalized experience.
Location Preference:
Capital Available For Purchase:
Current Occupation:
Type(s) of business interested in:
Allocation of time towards business:
Minimum Annual Income Needs
By signing and executing this Agreement, I acknowledge that I have read the Non-Disclosure Agreement and Brokerage Disclosure to Buyer Definitions of Working Relationships carefully and fully understand them.
I unconditionally agree to all terms and conditions of both documents.
By proceeding, you agree that Business Brokerage Services may communicate with you via telephone, video, email, text messages, or other messaging applications. Message and data rates may apply. If you would like to opt out at any time, please send an email with "STOP" to [email protected].