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Business Broker Listing Agreement
"I need a Business Broker Listing Agreement for my Auckland-based technology consulting firm, with exclusive listing rights for 6 months starting March 2025, including specific provisions for protecting our client database and intellectual property."
1. Parties: Identification of the business broker and the business owner(s), including full legal names and contact details
2. Background: Context of the agreement, including brief description of the business and the owner's intention to sell
3. Definitions: Key terms used throughout the agreement, including 'Business', 'Listing Period', 'Commission', 'Qualifying Transaction'
4. Appointment and Authority: Formal appointment of the broker and scope of authority granted by the business owner
5. Listing Period: Duration of the agreement, including start date and end date, and any renewal provisions
6. Broker's Services and Obligations: Detailed description of services to be provided by the broker, including marketing, buyer screening, and negotiation assistance
7. Owner's Obligations: Business owner's responsibilities, including providing accurate information and maintaining business operations
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and qualifying transactions
9. Confidentiality: Obligations regarding confidential information and its handling by all parties
10. Marketing Authorization: Permissions and restrictions regarding advertising and promotion of the business
11. Warranties and Representations: Statements and guarantees made by the business owner regarding the business
12. Termination: Circumstances under which the agreement can be terminated and the process for termination
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard contract clauses including governing law, notices, and entire agreement
1. Exclusive Agency: Used when the broker is to be the exclusive agent for the sale, including terms of exclusivity
2. Multiple Listings: Required when the business will be listed on multiple platforms or with multiple brokers
3. International Marketing: Include when targeting international buyers, specifying additional marketing requirements and considerations
4. Vendor Finance: Include when the owner is willing to provide vendor financing options to potential buyers
5. Staff Transition: Required when the agreement includes provisions for managing staff communications and transitions
6. Intellectual Property: Detailed section needed when the business has significant IP assets requiring special handling
7. Post-Sale Consulting: Include when the owner agrees to provide post-sale consulting or training to the buyer
8. Break Fee: Used when parties agree to specific financial penalties for early termination
1. Schedule 1: Business Details: Detailed description of the business, including trading name, location, nature of business, and key assets
2. Schedule 2: Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special circumstances
3. Schedule 3: Marketing Plan: Specific marketing activities to be undertaken, including platforms, budget, and timeframes
4. Schedule 4: Due Diligence Checklist: List of documents and information required for due diligence purposes
5. Schedule 5: Confidentiality Agreement: Standard form confidentiality agreement to be used with potential buyers
6. Appendix A: Financial Information: Summary of key financial information and performance metrics
7. Appendix B: Asset Register: Detailed list of business assets included in the sale
8. Appendix C: Required Disclosures: Mandatory disclosures required under the Real Estate Agents Act 2008
Authors
Business Services
Professional Services
Real Estate
Retail
Manufacturing
Hospitality
Technology
Healthcare
Construction
Education
Agriculture
Transportation
Financial Services
Consulting
Legal
Corporate Development
Mergers & Acquisitions
Business Development
Operations
Executive Leadership
Finance
Commercial
Compliance
Corporate Secretariat
Business Broker
Commercial Lawyer
Business Development Manager
Managing Director
Chief Executive Officer
Company Secretary
Business Owner
Franchise Manager
Mergers & Acquisitions Manager
Legal Counsel
Business Valuation Specialist
Commercial Director
Operations Manager
Corporate Development Manager
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