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 LE00016, Broker Name Martin Plom

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 Link Business Franchising Ltd, Link Business Broking Ltd (Lic REA 2008), LINK Business Christchurch Ltd - (Lic REA 2008), Wellington Business Brokers Ltd - (Lic REA 2008), Bay Business Brokers Ltd (Lic REA 2008), East Central Properties Ltd (Lic REA 2008) NZ Business Consultants Limited (Lic REA 2008)and their respective business brokers) entering into discussions relating to the possible acquisition of the assets of this business presented to me by LINK and specifically Listing ID No LE00016.

In consideration of LINK disclosing to me/us certain information about the business in Listing LE00016; including but not limited to its identity and any details as to its operation, financial accounts, trade secrets, employees, customers and suppliers,(“the Confidential Information”), I/We hereby agree and covenant to LINK and the vendor of the Business (“the Vendor”):

a.not to disclose, distribute or permit to be communicated to any other person (except my/our accountant or legal advisor who I/we shall procure to covenant to abide by the terms of the Confidentiality Agreement) the Confidential Information, unless expressly authorised in writing by the Vendor or by LINK;

b.not to use or attempt to use the Confidential Information for any purpose other than the evaluation of the Business for the purpose of purchasing same or do any act, thing or omission involving the use of the Confidential Information which may injure or cause loss to LINK or the Vendor or which may affect the carrying on of the Business;

c.not to approach the Vendor or the vendor of any business disclosed to me by LINK, or the Business' employees, customers or suppliers without prior approval and arrangement with LINK and to refer all queries through LINK;

d.to immediately return to LINK the Confidential Information and not to retain any copies and to delete any electronic records including all emails and attachments relating to the Business, in the event that I/we decided not to conclude

I/we acknowledge and agree:

a.that LINK is the introducing agent, and that all offers and deposits for the Business, shares or interest in an entity which owns the Business, or any asset of the Business will be conducted through LINK.

b.if I/we breach the above clause and buy directly or indirectly the Business or any interest in the Business, then I/we will be jointly and/or severally liable to LINK for the loss incurred by LINK through such actions and agree that such loss as pre-liquidated damages would equal the Commission Link would be entitled to from the Vendor.

c.I/we breach clause 2 of this agreement, I/we undertake to indemnify LINK against any actions, proceedings, costs, claims, demands or liabilities which it may suffer in consequence of that breach

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.

I/we have been advised that before signing this Confidentiality Agreement, it is recommended that I/we seek/s legal advice.

Yes, I would like to receive emails about other businesses similar to this one, and updates on pricing or changes to this opportunity

* 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