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NDA/Confidentiality Form

  • Business man at meeting

Buyer Registration –

Step #1. Non-Disclosure/Confidentiality Agreement

Step #2 Confidential Purchaser Profile

Why do I need to sign a Non-disclosure/Confidentiality Agreement?

Completing and signing the Non-disclosure/Confidentiality Agreement is step 1 of the Buyer Registration. The majority of all sellers prefer to maintain confidentiality during the process of selling their business. If confidentiality is breached the business can be affected negatively in several ways, for example:

  • Employees may start to look for positions elsewhere for fear they may lose their jobs.
  • Customers might switch to the competitor for fear they may not receive the same standard of service.
  • Vendors and Suppliers may find alternative outlets for their goods for fear the new owner won’t have the credit rating or be able to keep up the volume.
  • Competitors may take advantage of the perceived instability caused by the transition.
  • Complete the Non-disclosure/Confidentiality Agreement online as part of the Buyer Registration or download the Buyer Registration Packet and submit it via email or fax.

NON DISCLOSURE AGREEMENT


    The undersigned hereby requests InterMountain Business Brokers LLC to provide to the undersigned with information on the business(s) known as:

    ALL BUSINESSES LISTED BY INTERMOUNTAIN BUSINESS BROKERS LLC
    In consideration of InterMountain Business Brokers LLC supplying me with confidential information on the above named business(s), or any other businesses which you may subsequently introduce to me, I agree to use such confidential information obtained only for the purpose of evaluation the purchase of such business(s) and that I will not divulge such information to others, including the name of the business, except to secure their advice and counsel. I further promise not to contact the owner, employees or suppliers or disturb any business relationship of the seller(s) or make independent inquiries on the subject business(s) or enter the business premises, without first obtaining the seller’s permission, through InterMountain Business Brokers LLC.

    I hereby further agree not to use any of the information in an adverse manner, or to enter into competition with the Seller and to return all information obtained about the Seller and/or the subject business to Intermountain Business Brokers, immediately upon request.

    DEFINITIONS OF WORKING RELATIONSHIPS
    For purposes of this document, seller also means “landlord” (which includes sublandlord) and buyer also means “tenant” (which includes subtenant).

    Seller’s Agent: A seller’s agent (or listing 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.

    Agreement*

    I have read and agree to the terms and conditions of the Non-Disclosure/Confidentiality Agreement.

    Yes

    I have read the DEFINITIONS OF WORKING RELATIONSHIPS and acknowledge that unless otherwise stated, InterMountain Business Brokers LLC is a Transaction Broker for all of their Business Opportunity Listings that include the conveyance of real estate in the sale of the business.

    Yes

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