By acknowledging (clicking the box) below you agree to all these terms for ALL businesses that we email you information on.
(A) You formerly agree that any information provided on any business is sensitive and confidential, and that its disclosure to others may be damaging to the businesses and their owners. You agree Not to disclose any information regarding these businesses to any other person and that you WILL be completely liable to the business owner for any damages. This includes notifying others that the business is even for sale. You understand that we monitor the use and transmission of all pictures and video, and that these media are not to be forwarded to any party without the expressed written consent of the Broker. You agree not to contact the business owners, their landlords, employees, suppliers or customers without the business owner's specific written authorization.
(B) The information subject to this NDA remains the property of the business being sold, and you agree to immediately return all of the information you have received from Broker if requested by Broker or the Business. If at any time you decide NOT to pursue purchase of the Business, you agree you will promptly and securely destroy all information you have received from Broker on the Business.
(C) You agree to indemnify and defend Broker, its agents, or its members from any claims brought against Broker by the Business or its Sellers arising from any alleged actions or inactions by you, including breach of this NDA.
(D) All correspondence, inquiries, communications, offers, and negotiations relating to the potential purchase of any Business listed by Broker will be conducted exclusively through Broker. You agree not to circumvent or interfere with Broker's contract or relationship with his client (business owner/seller), including the contracted Broker commission due to CBG, LLC. If you anyway interfere with Broker's contract with its seller(s) or its right to its commission, you understand you will be individually liable to the Broker for full payment of Broker's contracted commission, including all costs of collection including attorney's fees and costs. This condition and all other conditions of this agreement apply to any person that you are related to or affiliated/associated with.
(E) All information regarding Businesses for sale is provided by the sellers of the business and is NOT verified in any way by Broker. Broker makes no representation or warranty, express or implied, about the accuracy or completeness of any information provided to you under this Agreement. You must perform your own due diligence and verify all information regarding the business to your satisfaction before purchasing. You understand and agree that Broker is not responsible for the accuracy of any of the information contained in this sales packet, and that by receiving this information you agree to indemnify and hold Broker harmless from any claims or damages which may occur by reason of the inaccuracy or incompleteness of any information provided to you. Also, you understand that the Broker has advised you to seek professional tax and legal advice before purchasing any business he represents, as the Broker cannot and does not give legal or tax advice.
(F) Any dispute arising between the parties concerning this Agreement or the rights and duties of either party in relation thereto shall be resolved by arbitration under the Arbitration Rules of the American Arbitration Association before a single arbitrator. The arbitrators shall apply state of Colorado law to the dispute without regard to its laws as to choice or conflict of laws. The location of the arbitration shall be Denver, Colorado. Each Party irrevocably submits to the jurisdiction of such proceeding and waives any and all objections to jurisdiction or venue that it may have. The arbitral award to be rendered shall be final and binding upon both parties, and may be entered in any court having jurisdiction thereof.
Different Brokerage relationships are available which include Seller agency, buyer agency, or transaction – brokerage.
Brokerage disclosure to Buyer or Tenant of Property. Definition of working relationships.
Seller's Agent: a seller's 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 ask 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 business/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 an accident advocate for the buyer. The buyer’s agent must disclose to all 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. A separate written by a Buyer agreement is required which sets forth the duties and obligations of the broker and the buyer.
Transaction broker: the transaction broker assist 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 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 and 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 the property or a buyer's financial ability to perform the terms of a transaction and whether the buyer intends to occupy the property. No written agreement is required.
Company Broker Group, LLC, and Paul Olsen will be operating solely as a “Seller Agent” in this transaction.