BellStreet Business Consultants
1667 Cole Blvd, Suite 290
Lakewood, CO 80401
Office: 303-949-0366
Buyer Confidentiality and Non-Disclosure Agreement
Text of the NDA you are signing can be found below for your revision.
Buyer Confidentiality and Non-Disclosure Agreement
1. Consideration: In consideration of the mutual promises herein contained and BellStreet Business Consultants (BBC) representation of the undersigned Buyer (whether one or more), and/or for BBC supplying to the Buyer certain confidential business information regarding the named business(es), the receipt of which is hereby acknowledged, the undersigned Buyer hereby acknowledges, understands, and agrees to the terms of this Agreement. Buyer acknowledges that BBC has agreements with its Sellers that require that BBC obtain a Buyer Confidentiality and Non-Disclosure Agreement (“Agreement”), prior to disclosing the name, location and other sensitive or confidential information related to the Seller’s Business, property sale or lease.
2. Authorization: Upon Buyer’s execution of this Agreement, BBC is hereby authorized to insert the Business Name(s) under “Business Description/Name” next to the corresponding Agreement/Listing number(s). Buyer authorizes BBC to add additional Businesses after this Agreement is signed if the Buyer receives information on additional businesses not listed above. Buyer agrees that additional businesses added will be subject to and made part of this Agreement
3. Buyer Funds and Affiliations: Buyer currently has approximately $ available for use as a cash down payment or payment in full for a purchase transaction. Buyer understands that Buyer may be required to provide Proof of Funds to BBC prior to the arranging of a meeting with the Seller of a Business.
Buyer warrants that Buyer currently has sufficient funds available for use as a cash down payment or qualifies for financing or payment in full for a purchase transaction.
4. Buyer’s Warranties and Acknowledgement: Buyer(s) agree and will NOT (a) contact the Seller(s) without the prior consent of BBC; (b) contact Seller’s employees, customers, neighboring businesses, suppliers, landlord, representatives or competitors without the prior, specific consent of both Seller and BBC; (c) linger, or otherwise observe the Business, without Seller’s consent; (d) approach, make an offer or negotiate or attempt to deal with Seller either directly or indirectly at any time without BBC or without prior written permission of BBC; (e) disclose any information received, including Business name(s) and that said Business(es) may be involved in a contemplated Transaction; (f) use any proprietary information received to compete with any subject Business within a Seller’s existing market area; (g) directly or indirectly solicit for employment any employees of the Seller; (h) use information for personal or commercial benefit or for the benefit of any other person or entity for a period of 36 months from the date of this Agreement or from the receipt of information (whichever is later). Buyer acknowledges that Seller’s desire to maintain the confidentiality of any information disclosed, and agrees that all information Buyer receives related to a Business is to be treated as proprietary, confidential and/or privileged information. Buyer agrees to hold all such information in strict confidence; to treat information as trade secrets; and not to divulge any information in any manner to any party except as permitted herein. Buyer acknowledges that the purpose of this Agreement is to protect the Seller and their Business by keeping any knowledge of a Transaction from reaching any employee, competitor, customer or supplier. Buyer agrees that any violation of the provisions of this Agreement could result in damages to the Seller’s Business and/or the Seller’s relationship with BBC. Buyer warrants that he/she has the authority to execute this Agreement. If Buyer is a corporation, partnership, or other such entity, the undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so. If Seller financing or assumption of Seller’s debt is included in a transaction, Buyer agrees to provide current financial statements, personal history and business history upon request, and authorizes Seller(s) and/or Seller’s landlord to obtain, through standard reporting agencies, Buyer’s financial and credit information following acceptance of an offer to purchase. Any competitive, subversive or misuse of information provided may result in legal liability to the undersigned and/or their related parties, successors, assigns and representatives. Buyer understands that liability may incur from any use of the information provided for any purpose other than as described by this agreement.
Please Make Sure to COMPLETE ALL FIELDS. Please sign above.
DUTIES OWED BY A Colorado REAL ESTATE LICENSEE
This form does not constitute a contract for services nor an agreement to pay compensation.
In Colorado, a real estate licensee is required to provide a form setting forth the duties owed by the licensee to:
a) Each party for whom the licensee is acting as an agent in the real estate transaction, and
b) Each unrepresented party to the real estate transaction, if any.
Licensee: The licensee in the real estate transaction is: Borja Martin whose license number is: FAX
The licensee is acting for: who is/are the Seller
The Broker is Borja Martin whose company is BellStreet Business Consultants.
Are there additional licensees involved in this transaction: No
A Colorado real estate licensee shall:
Not deal with any party to a real estate transaction in a manner which is deceitful, fraudulent or dishonest.
Exercise reasonable skill and care with respect to all parties to the real estate transaction.
Disclose to each party to the real estate transaction as soon as practicable:
Any material and relevant facts, data or information which licensee knows, or with reasonable care and diligence the licensee should know, about the property.
Each source from which licensee will receive compensation.
Abide by all other duties, responsibilities and obligations required of the licensee in law or regulations.
Licensee’s Duties Owed to the Client:
A Colorado real estate licensee shall:
Exercise reasonable skill and care to carry out the terms of the brokerage agreement and the licensee’s duties in the brokerage agreement;
Not disclose, except to the licensee’s broker, confidential information relating to a client for 1 year after the revocation or termination of the brokerage agreement, unless licensee is required to do so by court order or the client gives written permission;
Seek a sale, purchase, option, rental or lease of real property at the price and terms stated in the brokerage agreement or at a price acceptable to the client;
Present all offers made to, or by the client as soon as practicable, unless the client chooses to waive the duty of the licensee to present all offers and signs a waiver of the duty on a form prescribed by the Division;
Disclose to the client material facts of which the licensee has knowledge concerning the real estate transaction;
Advise the client to obtain advice from an expert relating to matters which are beyond the expertise of the licensee; and
Account to the client for all money and property the licensee receives in which the client may have an interest.
Duties Owed By a broker who assigns different licensees affiliated with the brokerage to separate parties.
Each licensee shall not disclose, except to the real estate broker, confidential information relating to client.
Licensee Acting for Both Parties:
The Licensee May not act for two or more parties who have interests adverse to each other. In acting for these parties, the licensee has a conflict of interest.
I/We acknowledge receipt of a copy of this list of licensee duties, and have read and understand this disclosure.
Seller/Landlord: _________________________ Date: _______ Time: _____
Seller/Landlord: _________________________ Date: _______ Time: _____
OR
Buyer/Tenant:
Buyer/Tenant: _________________________ Date: _______ Time: _____
I/We acknowledge receipt of a copy of this list of licensee duties, and have read and understand this disclosure.