Aspect Realty & Associates, Inc.
Aspect Commercial Realty & Business Brokers

1923 J N Pease Place, Suite 101, Charlotte NC 28262
www.AspectBrokers.biz

NON-EXCLUSIVE
NON-DISCLOSURE & BUYER-BROKER AGREEMENT
Buyer’s Contact Information
Company Name :
Date :
* First Name : * Last Name :
* Mobile : Phone :
Fax : *Email :
* Address : * City :
* State : * Zip :
Buyer’s Experience | Financial Profile
Business Experience : State Preference :
Fund Available : $ Net Worth : $
Business Area of Interest



THIS AGREEMENT (the "Agreement”) is entered into dated above between Buyer and Broker. The Buyer hereto desires to participate in discussions regarding Aspect Realty & Business Brokers listing information. During these discussions, Buyer may share certain proprietary information with the Broker and Broker may share certain proprietary information with the Buyer. Therefore, in consideration of the mutual promises and covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:

  • Broker Representation: Buyer hereby employs Broker to represent Buyer in the purchase of one or more businesses or properties disclosed to Buyer by Broker in any manner during the term of this Agreement. The disclosure by Broker to Buyer of the identity of one or more of the disclosed properties by any means represents Broker’s acceptance of Buyer’s employment.
  • Term of Agreement: The term of this Agreement is for two years, beginning the date indicated below. Notwithstanding the foregoing, the parties’ duty to hold in confidence confidential information that was disclosed during term shall remain in effect indefinitely.
  • Non-Disclosure: Buyer agrees that Buyer will not, without the express written consent of Broker:
    • Disclose in any form or manner or communicate to any person or entity the name, address or other identity of any disclosed property;
    • Disclose the nature of content of any negotiations with any owner, seller, agent or representative for any disclosed property; and
    • Contact, directly or indirectly, unless through Broker, any owner, employee, agent or broker of any disclosed property.

    Buyer agrees that if Buyer decides not to purchase the business, Buyer shall promptly notify Broker of this fact and shall promptly return all documentation without retaining copies of any kind.
  • Dual Agency Representation: Broker may act as a dual agent representing both Buyer and Seller. In a dual agency situation, Broker has the following obligations to both the Seller and the Buyer:

    Fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer; Diligent exercise of reasonable skill and care in performance of the Broker’s duties; Duty of honest and fair dealing, as well as good faith; and Duty to disclose all facts known to the agent materially affecting the value of desirability of the business that are not know to, or within the diligent attention and observation of, the parties.

    In a dual agency situation, Buyer understands and acknowledges that: Buyer has determined that the advantages of entering into the dual agency relationship with Broker, acting as agent for both Buyer and Seller, outweigh the disadvantages; Buyer has the responsibility of making Buyer’s own decisions as to what term are to be included in any agreement to buy and sell between the Client and the Seller; Buyer is fully aware of and understands the implications and consequences of Broker’s dual agency role as expressed herein to provide balanced and fair representation of Buyer and Seller and to encourage communication between Buyer and Seller rather than acting as an advocate or exclusive agent; Buyer agrees to indemnify and hold Broker harmless against all claims, damages, losses, expenses or liabilities, other than violations of the real estate licensing law and intentional wrongful acts, arising from Broker’s role as a dual agent. Buyer may seek independent legal counsel to assist Buyer with the negotiation and preparation of a buy and sell agreement or with any other matter relating to this Agreement.

  • Breach of Agreement: Any unauthorized disclosure shall constitute a material breach of Buyer’s duty to Broker and could result in Seller and Broker seeking recourse against Buyer. Buyer shall indemnify, defend and hold Broker harmless from any liability result from such unauthorized disclosure. Breach also includes, but is not limited to, Buyer buying a disclosed property without going through Broker.
  • Damages for Breach of Agreement: If Buyer breaches the terms of this Agreement or in any way interferes with Broker’s right to a fee, Buyer shall be liable for such fee and any other damages, including reasonable attorney’s fees, expert fees, and any commissions lost by Broker as a result of Buyer’s breach.
  • Seller Information: Buyer acknowledges and agrees that Broker does not guarantee to Buyer that any information provided by Seller to be correct and any information provided by Seller must be verified by Buyer.
  • Brokerage Relation: For any Disclosed Property which is listed by Broker, Broker will serve as a dual agent, representing both Buyer and Seller of the listed property. For any Disclosed Property which is listed by another broker, Broker will serve as agent for Buyer. In either case, all commissions earned by Broker shall be paid by the Seller of such Disclosed Property unless stated otherwise in an offer to purchase contract by Buyer. Buyer has received from Broker a copy of the attached Working with Real Estate Agents form explaining various other types of agency relationships. In states where allowed, client may choose to have broker act as a designated agent and will be required to sign a separate document stating same.
  • By signing below, Buyer acknowledges that Buyer has received a copy of this Agreement in full.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.

Buyer
* Name :
Company Name :
* Signature :
Date :
Terms & Conditions
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Aspect Realty & Associates, Inc.




Terms of Use

Welcome to the Aspect Realty & Associates, Inc. Site ("Site") on the World Wide Web. Please review these Site terms of use which governs your use of and the purchase of products from our Site, and/or any products shown on this site purchased by any other method. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms then please do not use this Site.

Aspect Realty & Associates, Inc. controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the State of North Carolina. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.


SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS


The information contained in this Site including all images, illustrations, designs, photographs, videoclips, writings and other materials that appear herein are the intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the "Contents") by Aspect Realty & Associates, Inc. or are the property of their respective owners.

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:

  • Placing an order with Aspect Realty & Associates, Inc. or

  • Using this Site as a shopping resource, provided you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents.


Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of Aspect Realty & Associates, Inc. or the applicable copyright owner.


Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Aspect Realty & Associates, Inc., is strictly prohibited.


DISCLAIMER OF WARRANTY


ASPECT REALTY & ASSOCIATES, INC. IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH ASPECT REALTY & ASSOCIATES, INC. BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, ASPECT REALTY & ASSOCIATES, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.


DISCLAIMER OF LIABILITY


IN NO EVENT SHALL ASPECT REALTY & ASSOCIATES, INC. BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide our customers with the most current information, Aspect Realty & Associates, Inc. will, from time to time, make changes in the Contents and in the products or services described on this Site.


ABOUT OUR PRICES


Prices and the availability of items are subject to change without notice.


We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors. We reserve the right to cancel or limit any purchase made contrary to the terms of any offer, discount or promotion or that otherwise is not in compliance with these Terms of Use or applicable state and federal law.


USER COMMENTS, FEEDBACK, AND OTHER INFORMATION SUBMISSIONS PROVIDED BY YOU


You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Aspect Realty & Associates, Inc. ("Transmissions") shall be and remain Aspect Realty & Associates, Inc. property.


All Transmissions will be treated as non-confidential and non-proprietary and Aspect Realty & Associates, Inc. shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. Additionally, Aspect Realty & Associates, Inc. shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Aspect Realty & Associates, Inc. may use information about your demographics and use of this Site in any manner that does not reveal your identity.


In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.


COMMUNICATION BETWEEN USER AND SITE OWNER


You agree that Aspect Realty Associates, Inc. may contact you in any or all of the following ways: phone; fax; letter; text message; email; instant message; or any other form of communication provided in the Lead Form and/or Contact Us Page.


NON-COMPETE: Buyer or Seller agrees that Buyer or Seller has not and is not actively working with County South Associates, Inc.


CHOICE OF JURISDICTION


Any action brought regarding the use of this site and/or purchases made from this site, must be commenced in the General Courts of Justice of Mecklenburg County, North Carolina. By using this site, you irrevocably and unconditionally submit to the exclusive jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such courts. You irrevocably waive any objection that you now have or hereafter irrevocably waive any objection that you now have or hereafter may have to the laying of venue of any suit, action or proceeding brought in any such court and further irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment against you in any such suit shall be conclusive and may be enforced in other jurisdictions by suit on the judgment, a certified or true copy of which shall be conclusive evidence of the fact and the amount of any liability of yours therein described, or by appropriate proceedings under any applicable treaty or otherwise.


TERMS OF USE REVISIONS


Aspect Realty & Associates, Inc. may revise these terms of use by updating this posting. You agree that in the event any portion of these Site terms of use are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.