BellStreet Business Consultants
1667 Cole Blvd, Suite 290
Lakewood, CO 80401
Office: 303-949-0366
Buyer Confidentiality, Non-Disclosure, and Agency Agreement
Text of the NDA/Agency Agreement you are signing can be found below for your revision.
Buyer Confidentiality, Non-Disclosure, and Agency Agreement
Consideration: In consideration of the mutual promises herein contained and BellStreet Business Consultants' representation of the undersigned Buyer (whether one or more), and/or for BellStreet Business Consultants 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 BellStreet Business Consultants has agreements with its Sellers that require BellStreet Business Consultants to 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.
Authorization: Upon Buyer’s execution of this Agreement, BellStreet Business Consultants is hereby authorized to insert the Business Name(s) under “Business Description/Name” next to the corresponding Agreement/Listing number(s). Buyer authorizes BellStreet Business Consultants 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.
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 BellStreet Business Consultants 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.
Buyer’s Warranties and Acknowledgement: Buyer(s) agree and will NOT (a) contact the Seller(s) without the prior consent of BellStreet Business Consultants; (b) contact Seller’s employees, customers, neighboring businesses, suppliers, landlord, representatives, or competitors without the prior, specific consent of both Seller and BellStreet Business Consultants; (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 BellStreet Business Consultants or without prior written permission of BellStreet Business Consultants; (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 BellStreet Business Consultants. 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.
By signing this agreement, the Buyer agrees to be represented by Brian Bell, license number 366717, of BellStreet Business Consultants. The Buyer agrees to make best efforts to ensure that the broker's commission will be paid by the Seller unless otherwise agreed upon in writing.
Duties Owed by a Georgia Real Estate Licensee
This form sets forth the duties owed by a Georgia real estate licensee but does not by itself constitute a contract for services or a direct agreement to pay compensation to the broker.
In Georgia, 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: Brian Bell whose license number is: 366717.
The licensee is acting for: who is/are the Buyer/Tenant.
The Broker is Brian Bell whose company is BellStreet Business Consultants.
Are there additional licensees involved in this transaction: No (if yes, Supplemental form 525A is required.)
A Georgia 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 the licensee knows, or with reasonable care and diligence the licensee should know, about the property.
Each source from which the licensee will receive compensation.
Abide by all other duties, responsibilities, and obligations required of the licensee by law or regulations.
Licensee’s Duties Owed to the Client:
A Georgia 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 the 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 that 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.
I/We acknowledge receipt of a copy of this list of licensee duties, and have read and understand this disclosure.