Click On The Word Document, Print Out & Complete The Disclosure With All Your Contact Information, Sign & Return It, Once We Receive It ,You will Be Sent The Requested Locations.
is BROKER / PROSPECTIVE PURCHASER AGREEMENT are entered into between “JOSEPH BIELLO COMPANY” Car Wash Sales (hereafter (“JOBCO”) and the undersigned prospective purchaser (hereafter “PURCHASER”) of a business offered for sale through (“JOBCO”). “SELLER” shall refer to the business, as well as the principals of such entity. (“JOBCO”) and PURCHASER agrees as follows: 1. In consideration of (“JOBCO”) introducing to PURCHASER business opportunities for sale, PURCHASER agrees not to contact SELLER, or any entity or person having a business relationship with the SELLER—including, but not limited to, owners, partners, members, stockholders, officers, directors, landlords, lessors, lessees, employees, suppliers, clients, customers, etc.—except through (“JOBCO”) with (JOBCO’S) approval. All inquiries, offers to purchase and negotiations relating to the purchase or lease of any business offered through (“JOBCO”) will be conducted exclusively through (“JOBCO”).
2. It is understood and agreed that any and all information provided to PURCHASER regarding any business is to be considered confidential and proprietary, and that disclosure of any such information could result in damage to the business and/or its principals. 3. It is further understood and agreed that any information obtained at any time pursuant to investigation and consideration of the purchase of the business shall be kept in strict confidence, and not be disclosed to any other person—except to professional business advisors (e.g. accountants, attorneys) engaged to evaluate the business for the limited purpose of advising PURCHASER. In the event of such disclosure, it is agreed that PURCHASER will advise such persons of this non-disclosure provision, and shall be legally responsible for the failure of such professionals to maintain the confidentiality of the information provided. Information to be kept confidential shall include the fact that the business is for sale. It is understood and agreed that that this non-disclosure provision is intended for the benefit of SELLER, who is a third party beneficiary to this Agreement. As such, SELLER may bring an action to enforce its terms or to recover damages for breach of this provision.
4. PURCHASER further agrees not to circumvent or interfere with (JOBCO’S) contract with SELLER in any way. PURCHASER UNDERSTANDS AND AGREES THAT PURCHASER SHALL BE LIABLE TO (“JOBCO”) FOR PAYMENT OF COMMISSIONS DUE FROM SELLER IN THE EVENT OF SUCH INTERFERENCE. PURCHASER further understands and agrees that should PURCHASER become a manager or otherwise connected with any of the businesses shown or offered to PURCHASER for sale, or should PURCHASER buy, trade, lease or exchange any of the businesses disclosed to PURCHASER, then a full commission will be due to (“JOBCO”).
5. PURCHASER understands that the SELLER provides all information regarding any business offered for sale, or other sources identified by SELLER, and is not verified in any way by (“JOBCO”). (“JOBCO”) has no knowledge of the accuracy of ANY information provided to PURCHASER and makes no representation, promise, or warranty, express or implied, as to the accuracy or completeness of any such information. PURCHASER shall be responsible to make an independent verification of said information prior to entering into an agreement to purchase any business. PURCHASER further understands and agrees that (“JOBCO”) shall NOT be responsible for the failure to disclose material information related to the purchase of any business which information is unknown to (“JOBCO”). PURCHASER agrees to indemnify and hold (“JOBCO”) and its agents harmless for any claims or damages which may occur by reason of the inaccuracy or incompleteness of any information provided to them with respect to any business they might purchase. In the event of any judgment, award, or arbitration decision, the maximum liability of (“JOBCO”) and its agents shall be limited to the amount of commission actually received. Purchaser understands that financial institutions may pay a referral fee to (“JOBCO”) for referring potential clients.
6. PURCHASER understands and agrees that (“JOBCO”) has a contract with SELLER providing for a fee to be paid upon sale, trade, lease or transfer of SELLER’S business or property. PURCHASER represents and warrants to (“JOBCO”) that PURCHASER does not represent a third party, governmental agency or competitor of the business, nor is PURCHASER employed by a competitor and the sole purpose for receiving any information regarding a business is to purchase said business.
7. In the event PURCHASER for whatever reason does not purchase the business, PURCHASER agrees to immediately return to (“JOBCO”) any and all materials related to SELLER without retaining any copies. PURCHASER ACKNOWLEDGES THAT BUYING A BUSINESS INVOLVES RISK. PURCHASER ACCEPTS SOLE RESPONSIBILITY FOR THE DECISION TO BUY A BUSINESS AND AGREES TO RELY SOLELY ON PURCHASER’S OWN INDEPENDENT INVESTIGATION OF THE BUSINESS BEING PURCHASED. (“JOBCO”), HAS ADVISED PURCHASER TO SEEK INDEPENDENT LEGAL, TAX, ACCOUNTING, AND OTHER PROFESSIONAL ADVICE PRIOR TO MAKING A PURCHASE DECISION.
PERSONAL-GUARANTY
IF PURCHASER IS A BUSINESS ENTITY (e.g. Corporation, LLC, LLP, LP, etc.), the undersigned officer or agent acknowledges that he/she has full authority to enter into this Agreement, and further agrees to be personally bound by the terms and conditions stated herein, including but not limited to personal liability for commissions that may be due and payable pursuant to paragraph four (4) above, or damages resulting from disclosure of confidential information as provided in paragraph three (3).
LOCATIONS I HAVE INFORMATION ON
LOCATIONS I HAVE INFORMATION ON Please do not send information on the following Locations. _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ I understand that if do not exclude any locations above; I will be obligated to the Joseph Biello Co LLC for all locations they exposed to me.
_______________________________________________________________________ Purchaser’s Name
nd further agrees to be personally bound by the terms and conditions stated herein, including but not limited to personal liability for commissions that may be due and payable pursuant to paragraph four (4) above, or damages resulting from disclosure of confidential information as provided in paragraph three (3).
1. Purchasers Name: Date: ,
2. Address: City State ,
3. Home Phone: Business Phone Mobile
4. Signature E-Mail:
DISCLOSED LOCATIONS:
1__________________________________________________________________________ 2. ___________________________________________________________________________ 3. ___________________________________________________________________________ 4. _______________________ LOCATIONS I HAVE INFO ON: 1.___________________________________________________________________________ 2. ___________________________________________________________________________ 3. ___________________________________________________________________________ 4. ___________________________________________________________________________
