By acknowledging (clicking the box)
below you agree to all these terms for ALL businesses that we email you information
(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
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.