to Sell and or Consult
as an “Exclusive Right to Sell and or Consult” for
A + Business Brokers, Inc.
dba: A + Business Brokers Consulting
17193 NW 242nd Street. High Springs, FL 332643-9122
Voice: 352-443-1193 Fax: 352-528-3432
This is a contract between A+ Business Brokers, Inc, hereinafter called the ”Company”, and
Name of your Company:
Company Representative [Owner or President]:
City: State: Zip:
To sell their business for the Purchase Price of: $___TO BE DETERMINED________, with a down payment of $___NA____, and with the following terms: _____NA_______
Consulting Agreement: Company Information will be on Schedules Part 1-2-3 needed for business sale.
Hiring the Consultant
1. The seller hereby engages the consultant, on a sole and exclusive basis, to sell the above described business and/or property, including all fixtures, goodwill, trademarks, trade names and inventory associated herewith, as specified above.
2. Seller agrees to pay consultant no more than (10%), but in any event not less than $ Will be Determined. The total sale price, defined as any monies paid to the seller by the buyer for the business; including but not limited to: consulting agreements, non-compete agreements, vehicles, treating equipment, office equipment, equity or ownership in another business or any other item related to the sale of the business. Seller agrees to forward commission to the consultant’s bank via wire transfer the day of closing or as soon thereafter as possible, or in a time and in the manner hereinafter provided.
With Drawing from the contract
3. Seller agrees that if this agreement is cancelled or the business is withdrawn from sales during the listing term by seller, the commission shall become immediately due and payable by seller to consultant. If seller refuses or is unable to comply with the listing terms for any reason, thereby preventing disposition of all the business during the listing term upon the terms set forth above, the commission shall become immediately due and payable by the seller to the consultant.
4. Seller agrees that the commission shall be immediately due and payable if the seller, directly or indirectly, enter into a purchase and sale agreement (however designated) accepts a deposit or does any other act tantamount to a sale or contract to sell without the written approval of the consultant, and the cancellation or rescission of any of the foregoing acts shall not act as a release of seller for such liability.
Truth and Term of Agreement
5. The seller acknowledges that he/she has supplied the listing information above and hereby warrants such information to be true and correct to the best of their knowledge. This agreement shall commence on the day and year stated herein and continue for one (1) year. Any alteration to this agreement from the original agreement submitted to the seller from A plus Business Broker will make this agreement null and void. This agreement begins once all relevant documentation is in place to provide the potential buyer with the documentation to make a decision to purchase.
6. Seller agrees to pay the full commission set forth in this agreement to the consultant in the event the property described herein is, within eighteen months after the termination of this agreement, sold, traded, or otherwise conveyed to anyone referred to seller by the consultant or with whom seller had negotiations during the term of this agreement as proven by a non-disclosure agreement (NDA). All information contained herein are representations of the seller or the seller’s Agent.
Authority and Receipt
8. If seller is a partnership, corporation or other entity, the person (s) signing on behalf of such entity hereby represent (s) and warrant (s) that he/she has, or they have the authority to enter this contracts on behalf of said entity. Additionally, the seller must complete schedule “D”. Seller hereby acknowledges that he has read and agrees to the terms of this agreement and has received a copy of it.
Consultant’s Escrow and Agents Permission
9. The consultant or his agents, seller included, have permission to show, electronically, or USPS mail all listing information, provided by the seller, to any potential buyer unless specifically excluded in writing in paragraph 13. As my agent, A+ Business Brokers Consulting., and/or their agents, are authorized to accept, give receipt for and hold all money including escrow deposits. All funds must be deposited in the consultant’s escrow account as a binder thereon and if such deposit shall be forfeited by the prospective purchaser for non-performance of a contract, the consultant may retain, or is due, up to one-half of such deposit, but not exceeding the total amount of the commission, as consultant’s compensation. In consideration of the above, the seller agrees to refer to the consultant all inquiries of consultants or other potential buyers interested in purchasing or acquiring this business and/or property. Seller authorizes the Consultant or the listing agent to contact the closing attorney, CPA, or other parties involved in the closing documents about details of the contract or period of the closing.
Closing and Commission Payable
10. Any commission payable to the consultant will be paid in cashier’s check or certified funds at the time the commission is due and payable. When a sale occurs, a transfer, or other conveyance of the business, at the time the transaction is closed the full amount of commission shall be due and payable unless specified in the listing agreement in writing and signed by the consultant. The consultant has the right to examine all closing documents seven working days before closing.
11. All Real property listings will be separate from the consulting agreement and must be shown on a separate State Real Estate sell or lease form.
Disputes Settled by Legal Action
12. All claims, disputes and controversies that may arise out of or relating in any way to the sale, about this contract, any negotiations between the parties, shall be resolved by Arbitration or legal action between the seller and the broker, litigation that may arise from this contract venue shall be in Alachua County, Florida 32601.
13. Seller authorizes the Consultant or the listing agent to contact the closing attorney, CPA, or other parties involved in the closing documents about details of the contract or period of the closing. Seller additionally grants the consultant permission to publish name of the seller’s business, but no details of the sale, in trade, email, and other related magazines and ad publications.
14. Special Agreements If Any:
Electronic Signature as follows: Allen C. Woodward (Example signature)
Seller’s Signature: X_________________________________ Title: _____________________
Co-Seller’s Signature: X______________________________ Title: _____________________
You may fax 24/7 352-528-3432 always confidential and secure.
This signature must be that of the individual “signing” this document electronically or be made with the full knowledge and permission of the individual, otherwise it constitutes forgery under s.831.06, Florida Statutes. The individual “signing” this document affirms that the facts stated herein are true.
A + Business Brokers, Inc., and Consultants
Allen C. Woodward, Broker
17193 NW 242nd Street
High Springs, FL 32643-9122
Agent & Consultant’s Signature: X_________________________ Date: _________
Allen C. “AL” Woodward, Broker: 352-443-1193
SIGNATURE: allencwoodward __________________________