The undersigned prospective purchaser(s) ("Buyer") hereby requests confidential information, currently and from this time forward, on businesses represented by Sunbelt Business Brokers ("Sunbelt") for the sole purpose of considering a purchase of such businesses. Buyer hereby acknowledges that Sunbelt first provided such information to the Buyer. In consideration of Sunbelt having provided such information, the Buyer hereby agrees:
- Not to use such information for any other purpose nor divulge such information to others, except to those of its employees and advisors who need to know such information for the said purpose and the Buyer warrants that such employees and advisors are obligated to and will maintain such information in confidence and such obligations shall survive the termination of the Buyer’s interest in the business opportunity; and
- To conduct ALL further inquiries into the business opportunities presented exclusively through the offices of Sunbelt.
The Buyer acknowledges that Sunbelt represents the interests of the Seller and the Buyer, and there has been, and is dual agency. All fees due Sunbelt are, and will be, the responsibility of the Seller. Sunbelt , as an agent to the Seller, acts under a engagement agreement with the Seller and has affirmative obligations to both Buyer and Seller including the fiduciary duties of loyalty, obedience, disclosure, confidentiality, reasonable care and diligence, and accounting in dealing with the Seller. In addition, Sunbelt has affirmative obligations to the Buyer and Seller of honest dealing and disclosure.
Buyers are advised to seek counsel from an attorney, accountant and any other parties necessary to make an informed decision regarding the purchase of any business bought or sold through Sunbelt.
The Buyer acknowledges that all information and material on each business opportunity provided by Sunbelt has been provided to Sunbelt by the seller of the business for confidential use by the Buyer for the sole purpose of evaluating a business opportunity as a potential Buyer. It is understood that money damages may not be a sufficient remedy for any breach of the Buyer’s obligation regarding confidentiality and it is hereby agreed that Sunbelt and the owners of the businesses will be entitled to specific performance and injunctive relief in addition to all other remedies available at law or equity as further remedies for any such breach. The seller believes that information to be true and accurate; however, accuracy is not guaranteed and all information should not be considered complete. While statements may be presented concerning a matter of opinion, whether or not so identified, these are only statements of opinion. Sunbelt makes no representations or warranties, expressed or implied, regarding the information provided to Buyer.
Business opportunities by their very nature carry risk including obsolescence or reduced demand for service or product, regulatory laws, ineffective management, changes in the local or national economic condition, and many others. Due to the risks inherent in business opportunities, a buyer could incur a loss, including but not limited to their entire investment. Buyer acknowledges that they understand these risks and that Sunbelt cannot and does not in any way warrant or guarantee the future vitality or prospects of any business.
By signing below the Buyer(s) acknowledge that they have read and understood the disclosures stated above.
RECEIPT OF A COPY AND ACCEPTANCE OF THE TERMS OF THIS ACKNOWLEDGEMENT AND AGREEMENT IS HEREBY ACKNOWLEDGED AND CONFIRMED.
December 1, 2022