Aspect Realty & Associates, Inc.
Aspect Commercial Realty & Business Brokers
1923 J N Pease Place, Suite 101, Charlotte NC 28262
Phone: 704-517-6698 | Fax: 888-256-3772 | www.aspectbrokers.biz | E-mail: prashant@aspectbrokers.biz

NON-EXCLUSIVE BUYER AGENCY
AND NON-DISCLOSURE AGREEMENT

THIS NON-EXCLUSIVE BUYER AGENCY AND NON-DISCLOSURE AGREEMENT (the “Agreement”) is entered into as of the date set forth above (the “Effective Date”) by and between the party identified as “Buyer” on the signature page hereto (“Buyer”), and Aspect Realty & Associates, Inc., d/b/a Aspect Commercial Realty & Business Brokers, a North Carolina corporation (“Broker”).

The Buyer hereto desires to participate in discussions regarding Broker’s 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 listed with Broker and disclosed to Buyer by Broker in any manner during the term of this Agreement (hereinafter a “Disclosed Property” or “Disclosed Properties”). 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 (2) years, beginning on the Effective Date. Notwithstanding the foregoing, the parties’ duty to hold in confidence confidential information that was disclosed during term shall remain in effect indefinitely.
  •    Confidential Information. As used in this Agreement, “Confidential Information” shall mean any and all information received in confidence by Buyer from Broker regarding the existence and subject matter of this Agreement or any of the Disclosed Properties; provided, however, Confidential Information shall not include any information which, through no improper action or inaction by the Buyer or any of its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, consultants, representatives, successors or assigns (hereinafter the Buyer’s “Agents”): (a) is in the public domain or generally known; (b) was in the possession of or known by Buyer prior to the receipt thereof from Broker; (c) was independently developed by Buyer without use of or access to any Confidential Information of the Broker; or (d) is disclosed with the prior written approval of Broker.
  •    Non-Disclosure. Buyer shall not, either during or after the termination of Buyer’s relationship with the Broker, except to the extent required by law, use or disclose any Confidential Information to any other person or entity except as in accordance with this Agreement. Buyer agrees that Buyer shall: (a) use the Confidential Information provided by Broker solely in accordance with the use contemplated herein; (b) hold such Confidential Information in strict confidence and take reasonable precautions to protect such Confidential Information, including, without limitation, all precautions Buyer employs with respect to its own strictly confidential materials; (c) not divulge such Confidential Information or any information derived therefrom to any third person without the prior written consent of the Broker, except that the Buyer may disclose the Confidential Information to its employees, directors, officers, auditors, attorneys, financial advisors, and other independent contractors on a need-to-know basis in accordance with the purposes contemplated herein and subject to the restrictions contained herein and Buyer shall ensure that all such persons or entities granted access to the Confidential Information will be bound by a confidentiality agreement or non-disclosure agreement of scope similar to this Agreement; (d) not make any use whatsoever at any time of such Confidential Information except in accordance with the purposes contemplated herein; (e) not reverse engineer any such Confidential Information; and (f) not allow any Confidential Information provided in an electronic file to be made available electronically or in physical form to anyone else other than as authorized herein or by the Broker Within ten (10) days following (i) the decision by any party not to enter into a contemplated purchase and sale transaction or (ii) a written request by the Broker, at any time, delivered to the address of the Buyer as set in the records of Broker, the Buyer will turn over to the Broker, or destroy and provide written confirmation of such destruction to the Broker, all proprietary information provided by Broker and all documents or media containing any such proprietary information and any and all copies or extracts thereof. In any event, Buyer expressly agrees that, at all times during visits to any property or business visited with or at the direction of Broker, Buyer shall, to the greatest extent possible, not communicate or interact with any owner, vendor, tenant, or other individual present at the property or business at the time of Buyer’s visit.
  •    Dual Agency Representation. Broker may act as a dual agent representing both Buyer and a seller. In a dual agency situation, Broker has the following obligations to both the seller and 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 by Buyer or its Agents of the Confidential Information shall constitute a material breach of Buyer’s duty to Broker and a breach of this Agreement. Buyer shall indemnify, defend, and hold Broker harmless from any liability resulting from such unauthorized disclosure. For avoidance of doubt, it shall be a material breach of this Agreement for Buyer to buy or attempt to buy, directly or indirectly, a Disclosed Property without going through Broker.
  •    Damages for Breach of Agreement. Buyer acknowledges that a breach of any of the covenants contained in this Agreement will result in material irreparable injury to the Broker and/or its subsidiaries or affiliates for which there is no adequate remedy at law, that it will not be possible to measure damages for such injuries precisely and that, in the event of such a breach or threat thereof, the Broker shall be entitled to obtain a temporary restraining order and/or a preliminary and/or permanent injunction, without the necessity of posting a bond or of proving irreparable harm or injury as a result of such breach or threatened breach, restraining Buyer from engaging in activities prohibited hereby, and such other relief as may be required specifically to enforce any of the covenants in this Agreement. Buyer further agrees that, if he/she breaches any of the provisions of this Agreement or in any way otherwise interferes with Broker’s right to a commission, to the extent permitted by law, Buyer shall (i) forfeit the right to receive the balance of any compensation and/or benefits due him/her under this Agreement; (ii) pay over to the Broker all compensation, profits, monies, accruals, increments or other benefits derived or received by Buyer as the result of any action or transaction constituting a breach of any provision hereof; and (iii) pay over to the Broker all costs and expenses incurred by the Broker resulting from Buyer’s breach (including, without limitation, reasonable attorneys’ fees and expenses in dealing with his breach or any suits or actions with regard thereto) and for all damages (compensatory, along with punitive) that may be awarded in connection therewith. With respect to any attempt by Buyer at circumvention of this Agreement, Broker shall be entitled to seek any and all legal remedies, fees or compensation equal to that received or committed or agreed to be paid as a result of such circumvention including, without limitation, any commissions lost by Broker as a result of Buyer’s breach. Notwithstanding the foregoing, the provisions of this Section 7 shall not limit any other remedies available to the Broker as a result of a breach of the provisions of this Agreement or otherwise.
  •    Seller Information. Broker reserves the right, in its sole discretion, to determine what information it will provide or withhold, as well as the times at which it will make such information available. Buyer understands and acknowledges that neither Broker nor any of its representatives makes any representation or warranty, express or implied, as to the accuracy or completeness of the Confidential Information. Buyer agrees that Broker shall not have any liability to Buyer relating to or resulting from the use of the Confidential Information or any errors therein or omissions therefrom and acknowledges and agrees that Broker does not guarantee to Buyer that any information provided by a seller is correct; any such information provided by or on behalf of a seller must be independently 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 the 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 Working with Real Estate Agents, if concerning a North Carolina property/business, or a copy of the Agency Disclosure , if concerning a South Carolina property/business, each explaining various other types of agency relationships.
  •    Miscellaneous Provisions.
    (a)  Authority.   By signing below, Buyer acknowledges that Buyer has received a copy of this Agreement in full and is authorized to enter into this Agreement as or on behalf of the Buyer.
    (b)  Electronic Communications.   Buyer consents to receive communications from Broker in electronic format such as emails, text messages, or telephone calls and further authorizes Broker and its affiliates to send Buyer information about other listings or prospective listings and/or businesses and such other information as Broker may from time to time determine appropriate in its sole discretion. This authorization shall remain in effect unless the Buyer notifies Broker in writing that such authorization is revoked.
    (c)  Termination.   This Agreement may be terminated by either party upon written notice to the other. The provisions of this Agreement shall continue in perpetuity and shall survive any such termination of this Agreement with regard to Confidential Information that is disclosed by Broker to Buyer during the term of this Agreement.
    (d)  Severability.  If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
    (e)  Waiver.  The failure or neglect by a party to enforce any of rights under this Agreement will not be deemed to be a waiver of that party’s rights.
    (f)   Successors and Assigns.  This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.
    (g)  Construction.   The language used in this Agreement will be deemed the language chosen by the parties to express their mutual intent, and no rules of strict construction will be applied against either party.
    (h)  Headings.  The section headings contained in this agreement are for reference purposes only and shall not affect the meaning or interpretation of this agreement.
    (i)   Entire Agreement.  This Agreement sets forth the entire agreement and understanding between the parties relating to the subject matter herein and supersede any and all prior discussions, agreements, or contracts, whether written or oral. No modification of, or amendment to, this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing signed by the party to be charged.
    (j)   Choice of Law.  This Agreement shall be governed, construed and interpreted by, through and under the Laws of the State of North Carolina.
    (k)   Consent to Personal Jurisdiction.   THE PARTIES EXPRESSLY CONSENT TO THE PERSONAL JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE STATE OF NORTH CAROLINA FOR ANY LAWSUIT ARISING FROM OR RELATING TO THIS AGREEMENT.

    ASPECT COMMERCIAL REALTY & BUSINESS BROKERS MAKES NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A LICENSED REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. BY SIGNING THIS FORM, THE PARTIES TO THIS AGREEMENT ACKNOWLEDGE THAT THEY HAVE HAD THE RIGHT AND OPPORTUNITY TO SEEK COUNSEL REGARDING THE CONSEQUENCES OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING LEGAL AND TAX RAMIFICATIONS.

    ASPECT COMMERCIAL REALTY & BUSINESS BROKERS SHALL CONDUCT ALL FIRMAGE ACTIVITIES IN REGARD TO THIS AGREEMENT WITHOUT RESPECT TO THE RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN, HANDICAP OR FAMILIAL STATUS OF ANY PARTY OR PROSPECTIVE PARTY TO THE AGREEMENT.

    IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. By clicking “Submit”, Buyer agrees to be bound by the terms and conditions hereof.

Broker
Company Name : Aspect Realty & Associates, Inc.
Broker : Prashant Parmar
Real Estate License : Real Estate License: NC 231187 | SC 54638
Signature : Prashant Parmar
Date : 07/23/2021
Buyer’s Contact Information
* First Name : * Last Name :
* Mobile : *Email :
* Address : * City :
* State : * Zip :
Buyer’s Experience | Financial Profile
Business Experience : State Preference :
Fund Available : $ Net Worth : $
Business Area of Interest



Signature : Date : 07/23/2021 Agreement Expiration Date : 07/23/2023
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.