Untitled Document





Confidentiality & Buyer Agreement

I/We, as potential purchasers (“the Buyer”) of business opportunities (“the Business”) owned by (“the Seller”) presented by BizSales and it's agents thereof (“the Broker”) as exclusive agent or sub-agent, may desire sufficient information to complete a confidential evaluation of the Business. In consideration thereof, I/We and our agents, agree to keep confidential all information hitherto provided by BizSales, and/or provided by the Seller, it’s agents, employees, customers, vendors, etc.

1. Information includes all verbal and written data, reports, records, or materials obtained from the Seller’s agents or the Business, including but not limited to the Business name, location, and the knowledge that the Business is for sale.

2. Information is being furnished solely in connection with the Buyer’s consideration of the potential acquisition of the Business, and shall be treated as “secret,” and “confidential.” No portion of said information shall be disclosed to others, except the Buyer’s financial or legal advisors, whose knowledge of the information is required for the Buyer to evaluate the Business, and who shall assume the same obligations and terms of the agreement as set forth herein.

3. The Buyer agrees not to make any contact with the owner, employees, vendors or customers of the Business without the express permission of the Broker in connection with this sale and for up to one year thereafter. The Buyer further agrees not to use any such information for his or her own account in any way that would compete directly with or cause damage to the business, including but not limited to the recruitment or hiring of any employees while the discussions about the possible purchase of the business are pending, and for one year afterwards.

4. It is understood that the Business is the intended party and beneficiary whose rights are being protected. It is further understood that the Business may enforce the terms of this agreement as if it were a party to this agreement including such actions in a court of law to prevent any threatened breach of this agreement.

5. In the event no transaction is effected, I will return to the seller’s agent (the Broker) within 30 days of the execution of this agreement, all information (including all copies), notes and summaries.

6. It is understood that no representations or warranties are being made by the Broker as to the accuracy or completeness of any information provided regarding the Business. Furthermore, that any and all representations and warranties are made solely by the Business, which shall be set forth in a signed acquisition or purchase agreement that shall then be subject to the provisions thereof. Accordingly, the undersigned acknowledges the responsibility to perform a “due diligence review” of financial books, records and operations at his or her own cost and expense prior to any acquisition of a business.

7. As a condition to entering this agreement, the undersigned attests to and agrees to provide substantiation of financial ability and preparedness to complete an acquisition, merger, or purchase of a business. All information provided in this Buyer Profile will be treated reciprocally, i.e. with the same level of confidentiality as set forth above.

8. That, should I enter into an agreement to purchase a business offers 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 understand that this information will be held confidential by Seller and BizSales and will only be used for the purpose of appraising my ability to purchase and possibly the Seller extending credit to me.

9. 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 BizSales, will be conducted exclusively through BizSales.

10. I agree that the transfer of the business cannot and will not be effected until the broker’s fees are paid in full.

11. The data in held in line with data protection laws and will be only used for the purpose collected. It will not be supplied to any 3rd parties.

12. This agreement covers all BizSales business listings, acting either as primary agent or sub-agent, for a minimum period of 1 year from receipt of confidential information