Link Business













Seller's Broker

SELLER’S BROKER: A Broker under a listing agreement with the Seller or as a subagent of the Seller acts as the Broker for the Seller only. A Seller’s Broker has the following obligations:

A Seller’s Broker has the following obligations to the Seller whom he is representing, during the course of an actual or contemplated transaction:

  1. The fiduciary duties of loyalty, obedience, disclosure and confidentiality in dealings with the Seller.

A Seller’s Broker has the following obligations to both the Seller and Buyer during the course of an actual or contemplated transaction:

  1. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  2. A duty of honest and fair dealing.
  3. A duty to disclose all facts known to the Broker which materially and adversely affects the consideration to be paid for the business and the real property.
Buyer's Broker

BUYER'S BROKER: A Broker other than the Seller’s Broker can agree with the Buyer to act as the Broker for the Buyer only. In these situations, the Buyer’s Broker is not representing the Seller, even if the Buyer’s Broker is receiving compensation for their services, either in full or in part, from the Seller or through the Seller’s Broker.

A Buyer’s Broker has the following obligations to the Buyer whom he is representing, during the course of an actual or contemplated transaction:

  1. The fiduciary duties of loyalty, obedience, disclosure and confidentiality in dealings with the Buyer.

A Buyer’s Broker has the following obligations to both the Buyer and Seller during the course of an actual or contemplated transaction:

  1. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  2. A duty of honest and fair dealing with all parties.
  3. A duty to disclose all facts known to the Broker which materially and adversely affects the consideration to be paid for the business and the real property.
Limited Dual Representation

*LIMITED DUAL REPRESENTATION (Broker Representing Both Seller and Buyer): In the State of Arizona a Broker, either acting directly or through one or more licensees within the same brokerage firm, can legally represent both the Seller and the Buyer in a transaction, but only with the knowledge and written consent of both the Seller and the Buyer.

The Broker whom represents both the Buyer and the Seller during the course of an actual or contemplated transaction has the following obligations and limitations of the duties owed to BOTH the Buyer and the Seller

  1. The Broker will not, without written authorization, disclose to the other party that the Seller will accept a price or terms other than stated in the listing or that the Buyer will accept a price or terms other than offered.
  2. Disclosure of confidential information may be made only with written authorization. There may be conflicts in the duties of loyalty, obedience, disclosure and confidentiality.
  3. This does not relieve the Broker of the obligation to disclose all known facts, which materially and adversely affect the consideration to be paid by any party.
  4. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  5. A duty of honest and fair dealing with all parties.

* LINK Business typically provides Limited Dual Representation WITH both Seller and Buyer executing this Agency Disclosure and Election.

Confidentiality Agreement for Business Ref NSW09055 , Broker Name Marco Gentili

Between LINK and * (Interested Party) this must be an individual's name, NOT a company name

In consideration of LINK (being any or all of -, Q Biz Sales Corporation Pty Ltd , Sydney Brokerage Pty Ltd, -, Action Business Brokers Pty Ltd , Acquire Business Sales Pty Ltd, Sydney Brokerage Pty Ltd, -, -, Robsanford Pty Ltd (Licensed REAA08) and their respective business brokers) entering into discussions relating to the possible acquisition of the assets of any business(es) presented to me by LINK and specifically Listing ID No NSW09055. I/We hereby agree and undertake as follows:

  1. To treat as totally confidential the identity of the business (es) disclosed to me and any details as to its operation or financial accounts;
  2. Not to disclose the identity or any details of the operation or financial accounts to any third party (except my accountant or legal advisor whoshall agree to respect this requirement for confidentiality) unless expressly authorised in writing by the Vendor or by LINK;
  3. Not to make an approach to the Vendor of any business disclosed to me by LINK, or the business’ staff, customers or suppliers without prior arrangement with LINK and to refer all queries through LINK;
  4. We acknowledge that LINK is the introducing agent, and that all offers and deposits for the business, shares or property will be conducted through that office.
  5. If, I as a potential buyer breach clause 4 of this agreement and buy directly or indirectly this business from the Vendor of the business quoted then I the buyer will be responsible for any loss of commission due to -, Q Biz Sales Corporation Pty Ltd , Sydney Brokerage Pty Ltd, -, Action Business Brokers Pty Ltd , Acquire Business Sales Pty Ltd, Sydney Brokerage Pty Ltd, -, -, Robsanford Pty Ltd (Licensed REAA08) as the case may be;
  6. If, I as a potential buyer breach clause 1, 2 or 3 of this agreement I undertake to indemnify LINK against any actions, proceedings, costs, claims, demands or liabilities which you may suffer in consequence of that breach.
  7. That all information is received for no other purpose than the evaluation of the investment potential of the business;
  8. If I decide not to proceed with the investment, I agree to immediately return to LINK all written information supplied by it and retain no copies and to delete any electronic records including all emails and attachments relating to the business(es);
  9. Acceptance by Electronic Mail: Execution of this Agreement and transmission between the parties by electronic signature and email response each to the other or their representative will constitute offer and acceptance and satisfy the requirements of Section 5 of the Electronic Transactions Act 2002.

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* By checking this box, I hereby agree to the terms and conditions contained herein. I agree to abide by the confidentiality of any information shared with me