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1. Parties: Identifies the business broker and the business owner (seller), including full legal names and contact details
2. Background: Outlines the context of the agreement, including brief description of the business and the owner's intention to sell
3. Definitions: Defines key terms used throughout the agreement including 'Business', 'Purchase Price', 'Commission', 'Qualified Buyer'
4. Appointment and Authority: Grants the broker the right to market and facilitate the sale of the business
5. Term and Termination: Specifies the duration of the agreement and conditions for early termination
6. Broker's Services: Details the specific services the broker will provide in marketing and facilitating the sale
7. Commission Structure: Specifies the broker's compensation, including commission rate, payment terms, and when commission is earned
8. Seller's Representations and Warranties: Statements by the seller about the business's condition, ownership, and authority to sell
9. Confidentiality: Provisions regarding the handling and protection of confidential business information
10. Marketing Authorization: Specific permissions regarding how the business can be marketed and advertised
11. Cooperation Requirements: Outlines the seller's obligations to cooperate with the broker
12. Dispute Resolution: Procedures for handling disagreements between parties
13. Governing Law: Specifies the jurisdiction and applicable laws
14. Signatures: Execution block for all parties to sign and date the agreement
1. Tail Period Provisions: Defines post-termination period during which broker may still earn commission
2. Multiple Broker Coordination: Used when multiple brokers may be involved in the sale
3. International Sale Provisions: Additional terms for businesses marketing to international buyers
4. Industry-Specific Compliance: Special provisions for regulated industries (healthcare, financial services, etc.)
5. Real Estate Components: Additional terms when the business sale includes real property
6. Franchise Requirements: Special provisions for franchised businesses
7. Employee Transition: Terms regarding handling of employee-related matters during sale
8. Intellectual Property: Special provisions for businesses with significant IP assets
1. Schedule A - Business Description: Detailed description of the business, including assets, operations, and financial overview
2. Schedule B - Commission Structure: Detailed breakdown of commission calculations and payment terms
3. Schedule C - Authorized Marketing Materials: List of approved marketing materials and methods
4. Schedule D - Excluded Buyers: List of potential buyers excluded from the agreement
5. Schedule E - Required Disclosures: State-specific required disclosures and forms
6. Appendix 1 - Confidentiality Terms: Detailed confidentiality and non-disclosure provisions
7. Appendix 2 - Due Diligence Checklist: List of documents and information to be provided for due diligence
8. Appendix 3 - Marketing Plan: Detailed marketing strategy and timeline
Real Estate
Professional Services
Retail
Manufacturing
Healthcare
Technology
Hospitality
Construction
Transportation
Financial Services
Education
Agriculture
Entertainment
Industrial Services
Consumer Services
Legal
Finance
Corporate Development
Mergers & Acquisitions
Business Development
Executive Leadership
Compliance
Risk Management
Commercial Operations
Advisory Services
Business Broker
Business Owner
CEO
CFO
General Counsel
Corporate Lawyer
Business Development Manager
M&A Director
Corporate Development Officer
Business Valuation Specialist
Transaction Advisory Manager
Commercial Director
Managing Director
Partner
Business Transfer Agent
Compliance Officer
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