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Business Broker Listing Agreement
"I need a Business Broker Listing Agreement for my Dublin-based technology manufacturing company, with exclusive rights for 12 months starting March 2025, including provisions for international buyers and specific confidentiality clauses for our proprietary technology."
1. Parties: Identifies the business broker and the business owner (client), including full legal names and addresses
2. Background: Outlines the context of the agreement, stating that the owner wishes to sell the business and engage the broker's services
3. Definitions: Defines key terms used throughout the agreement, including 'Business', 'Listing Period', 'Commission', and 'Qualified Buyer'
4. Appointment and Authority: Grants the broker the right to market and sell the business, specifying whether the appointment is exclusive or non-exclusive
5. Broker's Services: Details the specific services the broker will provide, including marketing, buyer screening, and negotiation assistance
6. Listing Period: Specifies the duration of the agreement and any automatic renewal provisions
7. Commission Structure: Details the broker's fees, including commission rate, minimum fees, and payment terms
8. Owner's Obligations: Lists the business owner's responsibilities, including providing accurate information and cooperation
9. Confidentiality: Outlines confidentiality obligations regarding business information and potential buyers
10. Marketing Authorization: Specifies permitted marketing activities and use of business information
11. Termination: States conditions under which either party can terminate the agreement and the consequences
12. Post-Termination Obligations: Describes obligations that survive after agreement termination, including commission rights
13. Governing Law: Confirms Irish law governs the agreement and jurisdiction for disputes
1. Tail Period Provisions: Used when including a period after termination during which the broker may still earn commission
2. Multiple Broker Coordination: Include when the owner may work with multiple brokers to specify how they will interact
3. Success Fee Structure: Used for complex commission structures with performance bonuses or sliding scales
4. International Sale Provisions: Include when marketing to international buyers is anticipated
5. Real Estate Components: Required when the business sale includes real estate assets
6. Dispute Resolution: Optional detailed ADR procedures beyond standard court jurisdiction
7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Schedule 1: Business Description: Detailed description of the business, including assets, operations, and key information
2. Schedule 2: Commission Structure: Detailed breakdown of commission rates, payment terms, and any special fee arrangements
3. Schedule 3: Approved Marketing Material: Templates or examples of authorized marketing materials and information
4. Schedule 4: Confidentiality Terms: Detailed confidentiality provisions and NDA requirements for potential buyers
5. Schedule 5: Due Diligence Checklist: List of required documents and information for due diligence process
6. Appendix A: Required Disclosures: Mandatory disclosures required under Irish law and regulatory requirements
7. Appendix B: Service Level Agreement: Detailed breakdown of specific services and response times provided by the broker
Authors
Professional Services
Business Brokerage
Real Estate
Mergers & Acquisitions
Small Business Services
Retail
Manufacturing
Hospitality
Technology
Healthcare
Professional Practices
Construction
Distribution
Wholesale
Financial Services
Legal
Corporate Development
Mergers & Acquisitions
Business Development
Finance
Compliance
Operations
Commercial
Executive Leadership
Due Diligence
Business Broker
Managing Director
Business Owner
CEO
Company Secretary
Legal Counsel
Corporate Lawyer
M&A Advisor
Business Development Manager
Sales Director
Chief Financial Officer
Commercial Director
Operations Manager
Business Valuation Specialist
Compliance Officer
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