The Buyer acknowledges that SBBP represents the interests of the Seller and the Buyer, and there has been, and is Multiple Representation (formerly known as “Dual Agency”). All fees due SBBP are, and will be, the responsibility of the Seller. SBBP, as an agent to the Seller, acts under a listing agreement with the Seller and has affirmative obligations to both Buyer and Seller including the fiduciary duties of loyalty, obedience, disclosure, confidentiality, reasonable care and diligence, and accounting in dealing with the Seller. In addition, SBBP has affirmative obligations to the Buyer and Seller of honest dealing and disclosure.
Counsel Disclosure
Buyers are advised to seek counsel from a Lawyer and/or Certified Public Accountant to make an informed decision regarding the purchase of any business opportunity bought or sold through Sunbelt. Said information is being furnished solely in connection with the potential acquisition of the company and should be treated as “secret” and “confidential”, and no portion of it shall be disclosed to others, except to those whose knowledge of the information is required to evaluate the company as potential acquisition and where the undersigned assumes full responsibility for the compliance of the others to the terms of this agreement.
Information Disclosure
Buyer acknowledges that all information on each business opportunity provided by SBBP has been provided to SBBP by the Seller of the business for confidential use by the Buyer for the sole purpose of evaluating a business opportunity as a potential Buyer. The Seller believes that information to be true and accurate; however, accuracy is not guaranteed and all information should not be considered complete. While statements may be presented concerning a matter of opinion, whether or not so identified, these are only statements of opinion. SBBP makes no representations or warranties, expressed or implied, regarding information provided to Buyer. By signing below I am consenting to a credit check, if requested by the Seller, at time of accepted offer and that prior to finalizing an offer to purchase a business, it is my responsibility to make an independent verification of all information. I agree that SBBP is not responsible for the accuracy of any information I receive and I agree to indemnify and hold SBBP harmless from any claims or damages resulting from its use.
Risk Disclosure
Business opportunities by their very nature carry risk including obsolescence or reduced demand for service or product, regulatory laws, ineffective management, changes in the local or national economic condition, and many others. Due to the risks inherent in business opportunities, a Buyer could incur a loss, including but not limited to their entire investment. Buyer acknowledges that they understand these risks and SBBP cannot and does not in any way warrant or guaranty the future vitality or prospects of any business.
By signing below the prospective Buyer acknowledges reading and understanding the disclosures stated above. Receipt of a copy and acceptance of the terms of this acknowledgement and agreement is hereby acknowledged and confirmed.
