KELLER WILLIAMS CHECK REALTY
BUSINESS BROKERAGE

Confidentiality Agreement
and
Confidential Purchaser's Profile

PURCHASER PERSONAL INFORMATION FORM

           Please fill out the following form and upon completion mail to ERA National Realty of Arizona,
Business Brokerage at the address listed at the end of this form.
 This form will remain strictly confidential and will not be released, sold,
rented or licensed to any third party without your consent.
 

  First Name                      Last Name             

  E-mail Address:  

  Street Address:     

  City:   State:       Zip: 

Home Phone #:   Work Phone #          Fax #:  

CONFIDENTIALITY AGREEMENT

 In connection with the possible acquisition (“Transaction”) by you (“Buyer”) of any Business (“Company”), I, GERRIT GARY VREDEVELD, ERA National Realty of Arizona (“Business Brokerage Specialist”) will furnish you with financial and other information regarding the Company (“Proprietary Information”). 

In consideration of obtaining Proprietary Information, you hereby agree as follows:

 1.                   All Proprietary Information furnished to Buyer, by the Broker, Broker’s Agent or Company, is deemed sensitive and confidential and it’s disclosure to others may be damaging to the Company and its owners.

 2.                  Buyer shall not disclose or reveal any Proprietary Information to any persons other than your employees or advisors actively participating in the evaluation of the Proprietary information, for any purpose other than the transaction, for a period of two (2) years from the date of this agreement.  The Proprietary information shall include the fact that the company is available for acquisition.

3.                   All information furnished to you is for the express purpose of evaluating the company for possible acquisition and will not be utilized to foster competition with the company.

 4.                   It is understood that Broker is under contract to Seller, and compliance to all confidentialities is imperative.  Therefore, Buyer agrees that during the time Broker’s contractual agreement with Seller, any and all correspondence, solicitation, or formal or informal contact pertaining to Company must, in all cases be through Broker.  Buyer shall not contact the respective Company owner, employees, suppliers, or customers except through the Broker or with the Broker’s express consent.  The Buyer agrees not to solicit the Company’s employees, for employment purposes, for a period of two years from execution of this Agreement.

5.                   All information is provided by the Company or other sources and is not verified in any way.  Broker has no knowledge of the accuracy of said information and makes no warranty, express or implied as to its accuracy.  Prior to entering into a final agreement, Buyer and/or his/her council or accountant shall make an independent verification of said information, as deemed necessary.  Broker is not responsible for the accuracy or truth of any information that Buyer receives or fails to receive and Buyer agrees to indemnify and hold Broker and its agents harmless from any claims or damages resulting there from.

6.                   If Seller requests a current financial statement and/or credit information from Buyer, personally and/or corporately, Buyer shall cooperate with owner and present this information within a reasonable time.  This information shall be held strictly confidential.

 7.                   The undersigned agrees not to duplicate, photograph or otherwise copy any of the information provided and agrees to promptly return all documents to Broker, upon request or upon termination of interest in these businesses.

 8.                   All correspondence or inquires related to the purchase, merger or lease of any business presented to you or affiliates, by Broker, will be conducted exclusively through Broker.  You further acknowledge Broker to be the first Broker providing you with information regarding this possible merger, lease or acquisition.

 9.                   It is understood that the Broker has entered into a marketing agreement with the Seller, or has authorized agent, to represent the Company and you hereby acknowledge the Broker’s Fiduciary Relationship with the Seller, however, the Seller has also consented to Dual Representation.

 10.               Buyer acknowledges that he or she currently is not nor has ever been an agent of the Internal Revenue Service or any other Governmental Taxing Authority.

 11.               Buyer agrees that any violation of this agreement may result in substantial and irreparable injury to the Company and/or its Owner(s), (Seller), shall be entitled to specific performance or injunctive relief as additional remedy for any such breach.  Such remedies shall not be deemed to be the exclusive remedy for a breach of the Agreement but shall be in addition to other remedies available at law or equity.  In the event that any suit or other action is commenced to construe or enforce any provisions of the agreement, the prevailing party, in addition to all other amounts, shall be paid by the other party, a reasonable sum for attorneys’ fees and costs.

 12.               This agreement shall be subject to and governed by the laws of the State of Arizona.

 

 13.               Buyers obligation under this Agreement shall not apply to:  Information  which at the time of disclosure is in the public domain, information which Buyer can show as in it s possession at the time of disclosure and was not acquired directly or indirectly from Broker or Company, and information which is independently developed by Buyer having no knowledge of the information disclosed.

 14.               Transactions often require sophisticated legal and financial knowledge.  Buyer should study all relevant materials and hire the appropriate legal financial advisors if deemed necessary.

 15.               In the absence of an originally executed document, a facsimile, and/or a facsimile executed in counterpart, shall be acceptable as an original and enforceable document.

 16.               No modification or alterations of this Agreement shall be effective unless in writing and signed by the respective parties.

 17.               Buyer(s) signatures below acknowledges he completely understands all information contained in this document.  Buyer agrees to conditions and terms contained herein.

 Date:                       

Buyer Signature:                               

 Residence Address:    

 Phone Number:          Fax Number:

 
Date:                     

Buyer Signature:                            

 Residence Address:

 Phone Number:       Fax Number:

 

 

 Business Broker/Agent:        Date:            

 

 

 

 

 

 

PURCHASER'S PROFILE

Your Cash flow needs during first  year of business ownership:  
    
Current Occupation:                     

Reason for acquiring a business:  

Have you ever owned a business before?  Yes          No          
If Yes, what type of business?
                                                  

Desired date to take possession:      

Preferred Geographical Location:  

Type of Business preferred:              

How long have you been looking for a business: 
                                                                                                             
Prior Business Experience:         

Education:                                 

Will anyone else assist you in acquisition decision?  Yes       No            If yes, who?

                                                  

What specific business or businesses are you inquiring about? 
                                                
                                                  

FINANCIAL SUMMARY

Total Assets:                             
Total Liabilities:                  
Net Worth:                           (Assets minus Liabilities) 

Amount of money you                   
have for a down payment:

Source of your down payment:       

Are your down payment funds available today?         
  Yes      No       If not, when? 

How much have you allocated for working capital?          

What is your present annual Salary/Income?                           

What is your expected income needs from this business?   
                                                              
Additional Information we should know:

Name of Bank:         

Banker's Name:            Bankers Phone #:    

WHEN COMPLETE, PLEASE PRINT AND MAIL THIS INFORMATION FORM TO:

GARY VREDEVELD, REALTOR, BBS, CCSS
KELLER WILLIAMS CHECK REALTY
102 N. MONTEZUMA AVENUE
PRESCOTT, AZ. 86301