Loyd Rhyne PLLC
Name ______Date______
Address ______City______ST______Zip______
Phone ______Fax______Email ______
Resources:
1. Time available to devote to business?
q Owner/Operator q Absentee q Management (part-time)
2. Skills, Abilities, Education ______
3. Experience – What are you doing now? ______
Motivating Factor to Buy a Business:
q Unemployed q Investment q Always wanted own business
q Other ______
Businesses NOT interested in: ______
Interested in: (mark all that apply, write in other interests not mentioned):
Loyd Rhyne
Direct: 602-284-7617
Fax: 480-981-0212
Loyd Rhyne PLLC
q Automotive/Car Wash
q C-Stores
q Distribution
q Dry Cleaners
q Franchise
q Information Technology
q Laundries
q Manufacturing
q Personal Care
q Printing/Graphic Arts
q Restaurant/Bar/Food
q Retail
q Service
q ______
q ______
q ______
Loyd Rhyne
Direct: 602-284-7617
Fax: 480-981-0212
Loyd Rhyne PLLC
Location Preferences: ______
Other Decision Makers/Partners: ______
Income Requirements: $______per year
Time Frame to Purchase:
q As soon as possible q Within 6 months q 6 months – 1 year
q 1 – 2 years q More than 2 years q When the right one comes along
Capital Resources:
Savings $______Home Equity $______
401K/IRA $______Other Real Estate $______
Stocks/Bonds $______Other $______
$______(amount willing to place as down payment)
Buyer: ______
Print Signature Date
Confidentiality and Non-Circumvention Agreement
This is intended to be a legally binding agreement. Read it carefully before signing.
Loyd Rhyne PLLC is engaged by clients (hereinafter Buyer) arrange the sale of businesses and is in possession of confidential information provided by Seller. Undersigned parties (hereinafter Client) acknowledge their desire to receive from Broker such confidential information. In consideration of good and valuable service provided by Broker and confidential and valuable information provided, in good faith, by Seller, Client agrees as follows:
CLIENT’S PLEDGE
Client Shall Keep Information Confidential
Client acknowledges that any confidential information disclosed to others may be damaging to Business and Seller. Client understands that confidential information includes: fact that business is for sale; financial details; business details; identity of suppliers and Sellers Clients; and any other disclosed information not generally known by public. Client agrees not to disclose confidential information to anyone other than his/her advisors and affiliates who shall also agree to be bound by the same confidentiality. Client agrees that all copies of materials and data provided shall be confidential and shall be returned to Broker in the event that Client decides not to pursue purchase of business.
Client Shall Direct All Contact Through Broker
With regard to disclosed businesses, neither Client nor Client’s agents will contact the business owner, landlords, employees, suppliers, or Sellers Clients except through Broker. All correspondence, inquiries, offers to purchase, and negotiations relating to the purchase of any business presented by Broker will be conducted exclusively through Broker.
Client Shall Use Information for Evaluation Purpose Only
Client acknowledges and confirms that intent is solely to evaluate businesses for purchase and not for purposes of gaining information for business competitors, the IRS, or any other governmental or taxing agency.
Client Shall Not Circumvent Seller and/or Broker
Client and/or its agents will not circumvent Seller and/or Broker by obtaining property leases, Clients, employees, vendors, or any portion of businesses using knowledge gained through Broker. Client and/or its agents will not circumvent Broker nor interfere with Seller’s contractual obligations to Broker if entering into a transaction with Seller which would reasonably be construed as a sale or transfer of interest, in whole or in part, in a business represented by Broker. If Client and/or its agents should circumvent Broker and effect any such transaction with Seller within two years after the date of signing below, then Client and Seller shall immediately become jointly and severally liable for the full commission specified in Broker’s contract with Seller.
IMPORTANT DISCLOSURES
Confidential Information Is Provided By Seller
All information about the business is provided by the Seller and is not verified by Broker.
Client understands that purchasing a business represents investment risks and that
Client should obtain professional assistance from independent accounting, legal, and financial advisors to verify said information prior to consummating an agreement to purchase any business. Client will not rely solely on the unverified information provided by Broker.
Seller is the source of all representations made about the business. Broker cannot verify the accuracy of said information and makes no warranty or guarantee, expressed or implied, as to the accuracy of such information.
Broker is Buyer’s Agent
Broker is an agent for Client, and has a contract providing a fee to be paid to Broker by Seller upon sale, trade, lease, or transfer of the Seller's business or property. Client will not be responsible for the fee to the Broker if Client purchases the business through Broker unless otherwise disclosed in writing. Any changes in representation by Broker must be in writing and shall be disclosed to all parties involved.
Broker has fiduciary duties of loyalty, obedience, disclosure, confidentiality, and accountability in dealing with the Seller. The Broker also has the duties, to both Buyer and Seller, to exercise reasonable skill and care in performance of the Broker function and to be truthful and honest and to disclose all material facts known to the Broker to that party that may be adversely affected by said facts.
We, the undersigned, understand and agree that this agreement is legally binding upon us and all our agents involved in the analysis and evaluation of disclosed information. We understand and agree that Seller and/or Broker has the right to seek any and all lawful remedies to enforce the terms of this agreement. We acknowledge that we have read and understand the disclosures contained herein.
This is intended to be a legally binding agreement. Read it carefully before signing.
SUBJECT BUSINESS AND/OR PROPERTY: ______
X______
Signature Print Name Date
______
Address City, State, ZIP
______
Telephone Number Email Address
Loyd Rhyne
Direct: 602-284-7617
Fax: 480-981-0212