Our agreement with the seller requires that we obtain a nondisclosure and confidentiality agreement and evidence of financial ability before disclosing the name and location of his business. This information will be kept confidential. In compliance with the above, please read and complete the following nondisclosure and confidentiality agreement.
I, the undersigned potential buyer / investor, in consideration for the principals, associates, agents, or employees of TM Business Brokers, LLC, hereinafter “Consultant,” providing me with information on businesses offered for sale, understand and agree:
That information provided on businesses by Consultant is sensitive and confidential and that its disclosure to others would be damaging to the businesses and to Consultant’s fiduciary relationship with the seller.
That I will not disclose any information regarding these businesses to any other person who has not also signed and dated this agreement, except to secure their advice and counsel, in which case I agree to obtain their consent to maintain such confidentiality. “Information” shall include the fact that the business is for sale, plus other data. The term “information” does not include any information, which is, or becomes, generally available to the public or is already in your possession. If requested, all information provided to review the business will be returned to Consultant without retaining copies, summaries, analyses, or extracts thereof in the event the review is terminated.
I will not contact the seller, his employees, suppliers, or customers except through Consultant.
That all information is provided by the seller and is not verified in any way by Consultant. Consultant is relying on the seller for the accuracy and completeness of said information, has no knowledge of the accuracy of said information, and makes no warranty, express or implied, as to such information.
Consultant does not give tax, accounting, or legal advice. That, prior to finalizing an agreement to purchase a business, it is my responsibility to make an independent verification of all information. I agree that Consultant is not responsible for the accuracy of any information I receive, and I agree to indemnify and hold Consultant harmless from any claims or damages resulting from its use. I will look only to the seller and to my own investigation for all information regarding any business presented by Consultant.
That, should I enter into an agreement to purchase a business which Consultant promotes for sale, I grant to the seller the right to obtain, through standard reporting agencies, financial and credit information concerning myself or the companies or other parties I represent; and I understand that this information will be held confidential by the seller and Consultant and will be used only for the purpose of the seller extending credit to me.
That, should I enter into an agreement to purchase a business (stock or assets, or any portion thereof) which Consultant promotes for sale, or new business relationship, said agreement will acknowledge Consultant as the procuring cause of said agreement and Consultant is entitled to a fee as agreed upon by seller / the business and Consultant. Additionally, I agree to notify Consultant of the closing agent, date, time and location at least three days prior to closing. In the event a fee dispute arises between seller / the business and Consultant, I authorize suspension of the closing until resolved.
That all correspondence, inquiries, offers to purchase, and negotiations relating to the purchase or lease of any business presented to me, or companies I represent, by Consultant, will be conducted exclusively through Consultant, unless instructed otherwise.
A facsimile transmission, electronic signature or copy of this document is legal and binding.