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Lotto & AA Driver License Agency | Tremendous Growth
Listing #EL04760









Seller's Broker

SELLER’S BROKER: A Broker under a listing agreement with the Seller or as a subagent of the Seller acts as the Broker for the Seller only. A Seller’s Broker has the following obligations:

A Seller’s Broker has the following obligations to the Seller whom he is representing, during the course of an actual or contemplated transaction:

  1. The fiduciary duties of loyalty, obedience, disclosure and confidentiality in dealings with the Seller.

A Seller’s Broker has the following obligations to both the Seller and Buyer during the course of an actual or contemplated transaction:

  1. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  2. A duty of honest and fair dealing.
  3. A duty to disclose all facts known to the Broker which materially and adversely affects the consideration to be paid for the business and the real property.
Buyer's Broker

BUYER'S BROKER: A Broker other than the Seller’s Broker can agree with the Buyer to act as the Broker for the Buyer only. In these situations, the Buyer’s Broker is not representing the Seller, even if the Buyer’s Broker is receiving compensation for their services, either in full or in part, from the Seller or through the Seller’s Broker.

A Buyer’s Broker has the following obligations to the Buyer whom he is representing, during the course of an actual or contemplated transaction:

  1. The fiduciary duties of loyalty, obedience, disclosure and confidentiality in dealings with the Buyer.

A Buyer’s Broker has the following obligations to both the Buyer and Seller during the course of an actual or contemplated transaction:

  1. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  2. A duty of honest and fair dealing with all parties.
  3. A duty to disclose all facts known to the Broker which materially and adversely affects the consideration to be paid for the business and the real property.
Limited Dual Representation

*LIMITED DUAL REPRESENTATION (Broker Representing Both Seller and Buyer): In the State of Arizona a Broker, either acting directly or through one or more licensees within the same brokerage firm, can legally represent both the Seller and the Buyer in a transaction, but only with the knowledge and written consent of both the Seller and the Buyer.

The Broker whom represents both the Buyer and the Seller during the course of an actual or contemplated transaction has the following obligations and limitations of the duties owed to BOTH the Buyer and the Seller

  1. The Broker will not, without written authorization, disclose to the other party that the Seller will accept a price or terms other than stated in the listing or that the Buyer will accept a price or terms other than offered.
  2. Disclosure of confidential information may be made only with written authorization. There may be conflicts in the duties of loyalty, obedience, disclosure and confidentiality.
  3. This does not relieve the Broker of the obligation to disclose all known facts, which materially and adversely affect the consideration to be paid by any party.
  4. Diligent exercise of reasonable skill and care in the performance of the Broker’s duties.
  5. A duty of honest and fair dealing with all parties.

* LINK Business typically provides Limited Dual Representation WITH both Seller and Buyer executing this Agency Disclosure and Election.

Confidentiality Agreement between LINK, the Vendor and * (Interested Party) this must be an individual's name, NOT a company name

1. I/We have approached LINK seeking to acquire the assets of the business with listing ID EL04760; and/or any other business listed for sale from time to time by LINK referred to herein as (“Business” or “The Business”).

2. In consideration of LINK disclosing to me/us certain information about any Business including but not limited to its identity and any details as to its operation, financial accounts, trade secrets, employees, customers and suppliers("the Confidential Information"), I/we hereby agree and covenant to LINK and the Vendor (“Vendor/s”) of such Business/es:

a. not to disclose, distribute or permit to be communicated to any other person (except my/our accountant or legal advisor who I/we shall procure to covenant to abide by the terms of this Confidentiality Agreement (“Agreement”) the Confidential Information, unless expressly authorised in writing by the Vendor or by LINK;

b. not to use or attempt to use the Confidential Information for any purpose other than the evaluation of the Business for the purpose of purchasing same or do any act, thing or omission involving the use of the Confidential Information which may injure or cause loss to LINK or the Vendor or which may affect the carrying on of the Business;

c. not to approach the Vendor or the Vendor of any Business disclosed to me by LINK, or the Business' employees, customers or suppliers without prior approval and arrangement with LINK and to refer all queries through LINK; and

d. to immediately return to LINK the Confidential Information and not to retain any copies and to delete any electronic records including all emails and attachments relating to the Business, in the event that I/we decided not to conclude.

3. I/we acknowledge and agree that:

a. LINK is the introducing agent, and that all offers and deposits for any Business, shares or interest in an entity which owns any Business, or any asset of any Business will be conducted through LINK;

b. if I/we breach the above clause and buy directly or indirectly a Business or any interest in such Business, or as a result of a breach of clause 2, the Vendor withdraws the Business from the market and/or terminates LINK's authority to act on the sale of the business: then I/we will be jointly and/or severally liable to LINK for any loss incurred by LINK through such actions and agree that such loss as pre- liquidated damages would equal the Commission LINK would be entitled to from the Vendor;

c. if I/we breach clause 2 of this agreement, I/we undertake to indemnify LINK against any actions, proceedings, costs, claims, demands or liabilities which it may suffer as a consequence of that breach;

d. LINK has been engaged by the Vendors of the Businesses to sell same and enter into this Agreement on their behalf;

e. if I/we breach clause 2 of this agreement, then I/we will also be jointly and/or severally liable to the Vendor for any loss incurred by it as a result of the breach, including but not limited to tortious damages (including loss of profits), or in the alternative an account of profits and/or compensation for the value of the Confidential Information, such measure of damages to be at the election of the Vendor; as well as LINK's and/or the Vendor's solicitor-client costs in enforcing the breach of confidentiality under this agreement (including any application for interim and/or permanent injunctions to restrain any further breach of confidentiality under this agreement, or order for return of the Confidential Information or delivery up and/or destruction of any goods manufactured in breach of this Agreement); and

f. this Agreement applies to any Confidential Information provided to me/us in relation to any Business and I/we are bound to the provisions of this Agreement to both LINK and the Vendor of any such Business.

4. Acceptance by Electronic Mail: Execution of this Agreement and transmission between the parties by electronic signature and email response each to the other or their representative will constitute offer and acceptance and satisfy the requirements of Section 209 of the Contract & Commercial Law Act 2017.

5. I/we have been advised that before signing this Agreement, it is recommended that I/we seek legal advice before entering into same.

Yes, I would like to receive emails about other businesses similar to this one, and updates on pricing or changes to this opportunity

* By checking this box, I hereby agree to the terms and conditions contained herein. I agree to abide by the confidentiality of any information shared with me