Link Business










Seller's Broker

SELLER’S BROKER: A Broker under a listing agreement with the Seller or as a subagent of the Seller acts as the Broker for the Seller only. A Seller’s Broker has the following obligations:

A Seller’s Broker has the following obligations to the Seller whom he is representing, during the course of an actual or contemplated transaction:

  1. The fiduciary duties of loyalty, obedience, disclosure and confidentiality in dealings with the Seller.

A Seller’s Broker has the following obligations to both the Seller and Buyer during the course of an actual or contemplated transaction:

  1. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  2. A duty of honest and fair dealing.
  3. A duty to disclose all facts known to the Broker which materially and adversely affects the consideration to be paid for the business and the real property.
Buyer's Broker

BUYER'S BROKER: A Broker other than the Seller’s Broker can agree with the Buyer to act as the Broker for the Buyer only. In these situations, the Buyer’s Broker is not representing the Seller, even if the Buyer’s Broker is receiving compensation for their services, either in full or in part, from the Seller or through the Seller’s Broker.

A Buyer’s Broker has the following obligations to the Buyer whom he is representing, during the course of an actual or contemplated transaction:

  1. The fiduciary duties of loyalty, obedience, disclosure and confidentiality in dealings with the Buyer.

A Buyer’s Broker has the following obligations to both the Buyer and Seller during the course of an actual or contemplated transaction:

  1. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  2. A duty of honest and fair dealing with all parties.
  3. A duty to disclose all facts known to the Broker which materially and adversely affects the consideration to be paid for the business and the real property.
Limited Dual Representation

*LIMITED DUAL REPRESENTATION (Broker Representing Both Seller and Buyer): In the State of Arizona a Broker, either acting directly or through one or more licensees within the same brokerage firm, can legally represent both the Seller and the Buyer in a transaction, but only with the knowledge and written consent of both the Seller and the Buyer.

The Broker whom represents both the Buyer and the Seller during the course of an actual or contemplated transaction has the following obligations and limitations of the duties owed to BOTH the Buyer and the Seller

  1. The Broker will not, without written authorization, disclose to the other party that the Seller will accept a price or terms other than stated in the listing or that the Buyer will accept a price or terms other than offered.
  2. Disclosure of confidential information may be made only with written authorization. There may be conflicts in the duties of loyalty, obedience, disclosure and confidentiality.
  3. This does not relieve the Broker of the obligation to disclose all known facts, which materially and adversely affect the consideration to be paid by any party.
  4. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  5. A duty of honest and fair dealing with all parties.

* LINK Business typically provides Limited Dual Representation WITH both Seller and Buyer executing this Agency Disclosure and Election.

Confidentiality Agreement for Business Ref PH00110 , Broker Name Lisa Riley

The undersigned prospective purchaser ("Buyer") hereby requests receipt of confidential information, currently and from this time forth, on one or more businesses represented by LINK Business. Buyer hereby acknowledges that LINK Business will have been first to provide such information to Buyer. In consideration of LINK Business' providing such information, the Buyer hereby accepts, acknowledges and agrees:

  • Any and all information LINK Business provides about a business was provided to LINK Business by the business owner, and LINK Business makes no representations or warrantees as to its accuracy or completeness. Buyer is solely responsible for investigating all aspects of the business and obtaining any legal, tax or other advice Buyer deems necessary, prior to purchasing the business.
  • Any information Buyer is given about a business, including, especially, its availability for acquisition, shall be treated as strictly confidential and proprietary. Buyer shall not directly or indirectly disclose, without LINK Business' prior written consent, any such information to any third party except Buyer's representatives/affiliates engaged in evaluating the information, and shall obtain the agreement of such third parties to maintain such confidentiality. If Buyer decides not to purchase the business, Buyer shall promptly notify LINK Business of this fact and shall promptly return all documentation, including, without limitation, summaries, analyses or extracts. Any unauthorized disclosure shall constitute a material breach of Buyer's duty to the Seller and LINK Business, and could result in legal recourse against the Buyer. Buyer shall indemnify, defend and hold LINK Business harmless from and against any liability resulting from such unauthorized disclosure.
  • The Seller of each business about which a Buyer shall be given information by LINK Business has entered into an agreement providing that Seller shall pay a fee to LINK Business if, during the term of that agreement or within twenty-four (24) months thereafter, the business is directly or indirectly transferred to a Buyer introduced by LINK Business. Should Buyer, a member of Buyer's family, or anyone with whom Buyer is directly or indirectly affiliated and whom became aware of such business through the buyer, acquire any interest in, or become affiliated in any capacity with such a business. Buyer shall protect andindemnify LINK Business right to a fee from the Seller. Buyer agrees that any transaction will be closed through a licensed independent escrow company.
  • Buyer shall conduct all inquiries into any business about which LINK Business provides information and discussions with its owner(s) and/or management solely through LINK Business, and shall not directly or indirectly contact the owner, employees or other representatives of the business except by prior written consent from LINK Business.
  • If Buyer breaches the terms of this Agreement or in any way interferes with LINK Business' right to a fee, Buyer shall be liable for such fee and any other damages, including reasonable attorney's fees and litigation costs. All parties to the Agreement shall mediate any dispute or claim between them arising out of this Agreement or any resulting relationship or transaction between such parties. The mediation shall be held prior to commencement of any court action or arbitration. The mediation shall be confidential and held in accordance with all applicable sections of the California Evidence Code. In the event the parties are unable to agree on a mediator within thirty (30) days of the first party seeking mediation, the presiding judge of the Superior Court of the county in which venue would lie for the filing of a complaint for relief in such dispute shall have jurisdiction to appoint a mediator. In the event the mediator determines that a second mediation is necessary or appropriate, it shall be conducted in accordance with this paragraph. Should any party commence arbitration or a litigation before mediation, that party shall forfeit its right to claim attorney's fees or litigation costs that might otherwise be available to it in arbitration or litigation, and the party who is determined by the arbitrator or judge to have resisted mediation may be sanctioned by the arbitrator or judge. Mediation fees, if any, shall be divided equally by the parties to the dispute.
  • Buyer understands and agrees that LINK Business may act as a dual agent representing both Seller and Buyer, as set forth in the Disclosure Regarding Agency Relationship executed concurrently herewith.
  • This agreement contains the sole and entire agreement between the parties regarding its subject matter. The parties acknowledge and agree that neither of them has made any representations or promises with respect to the terms and conditions of this agreement or any representations or promises inducing the execution and delivery hereof, except such representations and promises which are expressly stated herein. Each party acknowledges its reliance on its own judgment in entering into this agreement and having the opportunity to have the agreement reviewed by others, including legal counsel. The parties further acknowledge that any statements or representations previously made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with their dealings with the other. Any amendment or modification to this agreement shall be valid only if the parties have duly executed such modification, in writing, and it has been signed by the party against whom enforcement may be sought. Further, this Agreement is non-negotiable; no evidence of any modification, amendment or waiver shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party hereunder, unless the same is in writing and has been duly executed by LINK Business' managing Broker.
  • Buyer Acknowledges receiving a duly executed copy of this Agreement.
  • The undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so.
AGENCY DISCLOSURE AND ELECTION

Before a Seller or a Buyer enters into a discussion with a business broker or a broker’s salesperson/agent, the Seller or Buyer should understand what type of agency relationship or representation they have with the broker in the transaction. The Seller or the Buyer should carefully read all agreements to insure that the agreements adequately express their understanding of the transaction. The duties of the broker in a business transfer, with or without the inclusion of real property, do not relieve a Seller or a Buyer from the responsibility to protect their own interest.

SELLER’S BROKER: A Broker under a listing agreement with the Seller or as a subagent of the Seller acts as the Broker for the Seller only. A Seller’s Broker has the following obligations:

A Seller's Broker has the following obligations to the Seller whom he is representing, during the course of an actual or contemplated transaction:

1. The fiduciary duties of loyalty, obedience, disclosure and confidentiality in dealings with the Seller.

A Seller's Broker has the following obligations to both the Seller and Buyer during the course of an actual or contemplated transaction:

1. Diligent exercise of reasonable skill and care in the performance of the Broker's duties.

2. A duty of honest and fair dealing.

3. A duty to disclose all facts known to the Broker which materially and adversely affects the consideration to be paid for the business and the real property.

BUYER'S BROKER : A Broker other than the Seller's Broker can agree with the Buyer to act as the Broker for the Buyer only. In these situations, the Buyer's Broker is not representing the Seller, even if the Buyer's Broker is receiving compensation for their services, either in full or in part, from the Seller or through the Seller's Broker.

A Buyer's Broker has the following obligations to the Buyer whom he is representing, during the course of an actual or contemplated transaction:

1. The fiduciary duties of loyalty, obedience, disclosure and confidentiality in dealings with the Buyer.

A Buyer's Broker has the following obligations to both the Buyer and Seller during the course of an actual or contemplated transaction:

1. Diligent exercise of reasonable skill and care in the performance of the Broker's duties.

2. A duty of honest and fair dealing with all parties.

3. A duty to disclose all facts known to the Broker which materially and adversely affects the consideration to be paid for the business and the real property.

LIMITED DUAL REPRESENTATION (Broker Representing Both Seller and Buyer): In the State of Arizona a Broker, either acting directly or through one or more licensees within the same brokerage firm, can legally represent both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.

The Broker whom represents both the Buyer and the Seller during the course of an actual or contemplated transaction has the following obligations and limitations of the duties owed to BOTH the Buyer and the Seller

a. The Broker will not, without written authorization, disclose to the other party that the Seller will accept a price or terms other than stated in the listing or that the Buyer will accept a price or terms other than offered. , such as:

b. Disclosure of confidential information may be made only with written authorization. There may be conflicts in the duties of loyalty, obedience, disclosure and confidentiality.

This does not relieve the Broker of the obligation to disclose all known facts, which materially and adversely affect the consideration to be paid by any party.

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* By checking this box, I hereby agree to the terms and conditions contained herein. I agree to abide by the confidentiality of any information shared with me