Non-Disclosure Agreement Example

The usual process in buying a business is for the seller to provide confidential information. Therefore it is important to the seller that this information not be made available to competitors. When a broker is involved in the transaction this is the type of confidentiality agreement they will present to the buyer.


Non-Disclosure Agreement

BUSINESS NAME____________________ location________________________________
I or We hereby acknowledge that the names of sellers and certain confidential information, records, studies and trade practices of sellers and their business will be revealed to me by Name of Seller/Broker. These disclosures will be given in secrecy and confidence and used for the sole purpose of assessing the prospective purchase of the business through the Seller.

I, agree not to disclose any of the information given in connection herewith, either directly or indirectly, to third parties, nor will I use or assist others to use any such information for competitive trade purposes or to circumvent the Seller/Broker, in any transaction or contact with the sellers. Further, I agree not to contact the sellers of the businesses directly but to channel all negotiations, inquires, investigations, and purchase offer, if any directly through this Broker. I agree to NOT HAVE ANY CONTACT EITHER DIRECTLY OR THROUGH THIRD PARTIES WITH THE SELLER EXCEPT through THE ABOVED NAMED Broker.

I, acknowledge that any breach of this Non-Disclosure Agreement, directly or indirectly, shall be deemed harmful to the BROKER and the seller. In consideration for the information given, I agree that this Agreement will be governed by the laws of the Commonwealth of this state and that all actions that may arise in law and/or equity shall be brought in the Town of ——-, and County of ——-, Commonwealth of this state/ or at Broker and/or Seller. An arbitrator may demand option an arbitration of the complaint. In the event of a breach I agree to reimburse Broker/Seller for costs including but not limited to legal fees, court filings fee and damages.

It is understood that this Agreement applies to any information previously supplied by Broker, verbally or in writing. The prospective Buyer will use due diligence to verify any information given.

Disclaimer: All sales information furnished by the seller/broker does not certify, warrant, guarantee, implied, or make any representations about the same, and subject to errors, omissions prior sale, or withdraw from market without notice. The Broker represents the seller in this transaction.

Agreed by Prospective Buyer on: ________________________________________2014
Prospective Buyer Signature: _______________________________________________

Name of Prospective buyer:_________________________________________________

Phone:________  ________________________email:____________________________

Witnessed by:_____________________________________________

Signature of Witness:_______________________________________


Download this NON Disclosure Agreement


December 17, 2009

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