Nondisclosure & Confidentiality Agreement
Our agreement with the individual selling attorney or the selling law firm (“Selling Attorney”) requires that we obtain a nondisclosure and confidentiality agreement and evidence of financial ability before disclosing the name and location of his or her law practice. This information will be kept confidential. In compliance with the above, please read and complete the following nondisclosure and confidentiality agreement.
I, the undersigned potential buyer or its authorized representative, in consideration for the principals, associates, agents, or employees of The Law Practice Exchange, LLC, (“Consultant”) providing me with information on law practices offered for sale, understand and agree:
- That information provided on law practices by Consultant is sensitive and confidential and that its disclosure to others would be damaging to the law practice and to Consultant’s fiduciary relationship with the Selling Attorney.
- That I will not disclose any information regarding these law practices to any other person who has not also signed and dated this agreement, except to secure their advice and counsel, in which case I agree to obtain their consent to maintain such confidentiality. “Information” shall include the identities of the practice, the Selling Attorney, the fact the law practice is for sale, plus other data deemed or intended to be confidential. The term “information” does not include any information, which is, or becomes, generally available to the public or is already in my possession.
- If requested, all information provided to review the law practice will be returned to Consultant without retaining copies, summaries, analyses, or extracts thereof in the event the review is terminated.
- I will not contact the Selling Attorney, his or her employees, contract relationships, referrals or clients except through Consultant.
- That all information is provided by the Selling Attorney and is not verified in any way by Consultant. Consultant is relying on the Selling Attorney for the accuracy and completeness of said information, has no knowledge of the accuracy of said information, and makes no warranty, express or implied, as to such information.
- Consultant does not give tax, accounting, or legal advice. That, prior to finalizing an agreement to purchase a business, it is my responsibility to make an independent verification of all information. I agree that Consultant is not responsible for the accuracy of any information I receive, and I agree to indemnify and hold Consultant harmless from any claims or damages resulting from its use. I will look only to the seller and to my own investigation for all information regarding any business presented by Consultant.
- That, should I enter into an agreement to purchase a law practice which Consultant promotes for sale, I grant to the Selling Attorney the right to obtain, through standard reporting agencies, financial and credit information concerning myself or the legal entity or other parties I represent; and I understand that this information will be held confidential by the Selling Attorney and Consultant and will be used only for the purpose of the Selling Attorney extending credit to me.
- That, should I enter into an agreement to purchase a law practice (stock, assets, or any portion thereof) which Consultant promotes for sale, or a new business relationship with such a law practice, said agreement will acknowledge Consultant as the procuring cause of said agreement and Consultant is entitled to a fee as agreed upon by Selling Attorney and Consultant.
- Additionally, I agree to notify Consultant of the closing agent, date, time and location at least three (3) days prior to closing.
- That all correspondence, inquiries, offers to purchase, and negotiations relating to the purchase or lease of any business presented to me, or companies I represent, by Consultant, will be conducted exclusively through Consultant, unless instructed otherwise.
This Agreement cannot be modified, amended, supplemented or rescinded except in writing and executed by the parties hereto. This Agreement is not subject to the doctrine of construction of ambiguity against the drafter. A facsimile or copy of this Agreement is legal and binding and it may be signed in counterparts. This Agreement is binding on the parties, their heirs, successors and assigns. Venue for any controversy or dispute of this Agreement shall be the courts of Wake County, North Carolina where injunctive relief and reasonable costs as well as other remedies shall be available and terms hereof shall be construed in accordance with the laws of North Carolina.