Irvine Business Brokerage
Call us at: (949) 338-8044
Our Address: Heritage Plaza
14200 Culver Drive, Suite 265
Irvine, CA 92604
Online Confidentiality Agreement
The undersigned prospective purchaser (“Buyer”) hereby requests current and ongoing information on businesses represented by Irvine Business Brokerage (IBB). Buyer hereby acknowledges that IBB first provided such information to the Buyer and in consideration of IBB having provided such information, the Buyer hereby agrees to the following:
- All information IBB provides about a business has been obtained from the business owner, Yunus Aksoy and IBB makes no representations or warrantees as to its accuracy or completeness of the information. Buyer is solely responsible for investigating all aspects of the business and obtaining any legal, tax or other appropriate counsel Buyer deems necessary, prior to purchasing the respective business.
- All information Buyer is provided regarding business, including but not limited to its availability for acquisition, shall be treated as confidential and proprietary. Buyer shall not disclose, without prior written consent, any such information to any third party except Buyer’s representatives/affiliates engaged in evaluating the information, and Buyer shall first obtain the agreement of such third parties to maintain confidentiality. If Buyer decides not to purchase the business, Buyer shall promptly notify IBB of this fact and shall promptly return all documentation without retaining copies, summaries, analyses or extracts. Any unauthorized disclosure shall constitute a material breach of Buyer’s duty to the Seller and IBB which may result in their seeking legal recourse against the Buyer. Buyer shall indemnify, defend and hold Yunus Aksoy and IBB harmless from any liability resulting from such unauthorized disclosure.
- The Seller of each business for which a Buyer shall be given information by IBB has entered into an agreement providing that Seller shall pay a fee to IBB if , during the term of that agreement or within twenty four months thereafter, the business is transferred to a Buyer introduced by IBB. Should Buyer, Buyer family member, associates, agents or anyone with whom Buyer is connected acquire any interest in or become affiliated in any capacity with such a business, Buyer shall protect IBB right to a fee from the Seller.
- Buyer shall conduct all inquiries into and discussion with any business about which IBB provides information solely through IBB, and shall not directly contact the owner, employees or other representatives of the business except by prior arrangement with IBB.
- If Buyer breaches the terms of this Agreement or in any way interferes with IBB right to a fee, Buyer shall be liable for such fee and any other damages, including reasonable attorney’s fees.
- Any controversy or claim arising out of or relating to this Agreement or its breach shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by one or more arbitrators appointed in accordance with those rules. Any arbitrator so selected need not be a member of the American Arbitration Association.
- Yunus Aksoy and IBB may act as a dual agent representing both Buyer and Seller. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer,
b) Diligent exercise of reasonable skill and care in performance of the agent’s duties,
c) A duty of honest and fair dealing in good faith and
d) A duty to disclose all facts known to the agent materially affecting the value or desirability of the business that are not known to, or within the diligent attention and observation of, the parties.
- Buyer herein acknowledges receiving a copy of this Agreement and having the opportunity to fully review the Agreement with Counsel of Buyer’s choice before its execution.
- The undersigned executes this Agreement on behalf of Buyer and warrants that he/she is duly authorized to do so.