A business broker is a person or firm engaged in the business of enabling other businesses to get sold.
Business brokers typically value the business, advertise it for sale, handle the initial discussions with prospective buyers and assist the owner of the business in selling it. They are paid either a fixed fee or a percentage of the sale price. Buyers sometimes retain a business broker to find them a particular kind of business.
In the United States, licensing of business brokers varies by state, with some states requiring licenses, some not. Some states require licenses if the broker is commissioned but not if the broker works on an hourly fee basis. State rules also vary about recognizing licensees across state lines, especially for interstate types of businesses like national franchises. Some states require either a broker license or law license to even advise a business owner on issues of sale, terms of sale, or introduction of a buyer to a seller for a fee.
This form is a general Non-Disclosure and Commission Agreement Between a Business Broker and a Prospective Buyer.
A Georgia Nondisclosure and Commission Agreement between a Business Broker and a Prospective Buyer is a legally binding contract that establishes the terms and conditions regarding the confidentiality of information shared during the business sale transaction and the payment of commission to the broker. Firstly, the agreement ensures that both parties understand the sensitive nature of the information that will be disclosed during the business negotiation process. It includes a nondisclosure clause which prohibits the Prospective Buyer from disclosing any confidential and proprietary information to third parties. This ensures that the sensitive business details, such as financial statements, customer lists, trade secrets, and operating strategies, are kept confidential throughout the transaction. The agreement also sets forth the obligations of both parties in terms of safeguarding the confidential information. The Prospective Buyer must take reasonable measures to prevent unauthorized access or disclosure of the information. They are limited to using the disclosed information solely for the evaluation and potential acquisition of the business. The Business Broker, on the other hand, agrees to provide only the necessary information and ensures that it is accurate and complete. Additionally, the agreement covers the issue of commissions. The Business Broker is entitled to a commission, typically a percentage of the final sale price, if the Prospective Buyer successfully acquires the business or engages in any transaction resulting from the disclosure by the Broker. This ensures that the broker is compensated for their efforts in facilitating the business transaction. It is worth noting that there may be different types or variations of such agreements, depending on the specific circumstances of the business sale. Some agreements may include additional clauses or provisions to address particular needs or concerns. For example, an agreement may include a "right of first refusal" clause, granting the Business Broker the first opportunity to represent the Seller if the Prospective Buyer decides not to pursue the transaction. In conclusion, a Georgia Nondisclosure and Commission Agreement between a Business Broker and a Prospective Buyer is a legal document that protects the confidentiality of information exchanged during a business sale and outlines the payment of commission to the broker. It ensures both parties are aware of their responsibilities regarding the confidentiality of the disclosed information and establishes the broker's entitlement to a commission upon successful completion of the transaction. Different types or variations of such agreements may exist to address specific circumstances or concerns.A Georgia Nondisclosure and Commission Agreement between a Business Broker and a Prospective Buyer is a legally binding contract that establishes the terms and conditions regarding the confidentiality of information shared during the business sale transaction and the payment of commission to the broker. Firstly, the agreement ensures that both parties understand the sensitive nature of the information that will be disclosed during the business negotiation process. It includes a nondisclosure clause which prohibits the Prospective Buyer from disclosing any confidential and proprietary information to third parties. This ensures that the sensitive business details, such as financial statements, customer lists, trade secrets, and operating strategies, are kept confidential throughout the transaction. The agreement also sets forth the obligations of both parties in terms of safeguarding the confidential information. The Prospective Buyer must take reasonable measures to prevent unauthorized access or disclosure of the information. They are limited to using the disclosed information solely for the evaluation and potential acquisition of the business. The Business Broker, on the other hand, agrees to provide only the necessary information and ensures that it is accurate and complete. Additionally, the agreement covers the issue of commissions. The Business Broker is entitled to a commission, typically a percentage of the final sale price, if the Prospective Buyer successfully acquires the business or engages in any transaction resulting from the disclosure by the Broker. This ensures that the broker is compensated for their efforts in facilitating the business transaction. It is worth noting that there may be different types or variations of such agreements, depending on the specific circumstances of the business sale. Some agreements may include additional clauses or provisions to address particular needs or concerns. For example, an agreement may include a "right of first refusal" clause, granting the Business Broker the first opportunity to represent the Seller if the Prospective Buyer decides not to pursue the transaction. In conclusion, a Georgia Nondisclosure and Commission Agreement between a Business Broker and a Prospective Buyer is a legal document that protects the confidentiality of information exchanged during a business sale and outlines the payment of commission to the broker. It ensures both parties are aware of their responsibilities regarding the confidentiality of the disclosed information and establishes the broker's entitlement to a commission upon successful completion of the transaction. Different types or variations of such agreements may exist to address specific circumstances or concerns.