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Undertaking Sale Representation Services

This document outlines the terms and conditions under which a representative will provide services for the sale of a business or asset. It is used when engaging an agent to find buyers and facilitate a sale.

Updated 1d ago
sales agreementrepresentation agreementbroker agreementbusiness saleasset salesouthern Africa

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Undertaking for Sale Representation Services

This Undertaking is made and entered into on this {{day}} day of {{month}}, {{year}} (the 'Effective Date'), by and between:

{{Seller_Company_Name}}, a company duly registered and incorporated in accordance with the laws of {{country}}, with its principal place of business at {{Seller_Company_Address}} (hereinafter referred to as 'the Seller');

AND

{{Representative_Company_Name}}, a company duly registered and incorporated in accordance with the laws of {{country}}, with its principal place of business at {{Representative_Company_Address}} (hereinafter referred to as 'the Representative').

Collectively referred to as 'the Parties'.

1. Appointment

The Seller hereby appoints the Representative as its exclusive/non-exclusive agent to represent the Seller in the sale of the business/asset described in Annexure A (the 'Business/Asset'). The Representative accepts such appointment and agrees to use its best endeavours to secure a suitable purchaser for the Business/Asset.

The scope of representation includes, but is not limited to, marketing the Business/Asset, identifying potential buyers, facilitating negotiations, and assisting with due diligence processes.

2. Term of Agreement

This Agreement shall commence on the Effective Date and shall continue for an initial period of {{number_of_months}} months, unless terminated earlier in accordance with the provisions of this Agreement. Thereafter, the Agreement shall automatically renew for successive {{renewal_period}} periods unless either Party provides written notice of non-renewal at least {{notice_days}} days prior to the end of the then-current term.

3. Representative's Obligations

The Representative undertakes to:

a. Market the Business/Asset diligently and professionally.

b. Introduce qualified potential buyers to the Seller.

c. Act in good faith and in the best interests of the Seller at all times.

d. Maintain strict confidentiality regarding all information provided by the Seller.

e. Provide regular updates to the Seller on the progress of the sale efforts.

4. Seller's Obligations

The Seller undertakes to:

a. Provide the Representative with all necessary and accurate information regarding the Business/Asset.

b. Cooperate fully with the Representative in the sale process.

c. Refer all enquiries from potential buyers to the Representative.

d. Not engage any other agent or broker for the sale of the Business/Asset during the term of this exclusive agreement.

5. Commission and Fees

Upon the successful conclusion of a sale of the Business/Asset, the Seller shall pay the Representative a commission of {{commission_percentage}}% of the gross sale price (excluding VAT) or a fixed fee of {{fixed_fee_amount}} {{currency}}, whichever is agreed upon. This commission/fee shall be payable within {{payment_days}} days of the transfer of ownership of the Business/Asset and receipt of the full purchase price by the Seller.

In the event that the Business/Asset is sold to a buyer introduced by the Representative within {{tail_period_months}} months after the termination of this Agreement, the Seller shall still be liable to pay the commission/fee.

6. Confidentiality

Both Parties agree to maintain strict confidentiality regarding all proprietary and sensitive information disclosed during the term of this Agreement and for a period of {{confidentiality_months}} months thereafter. This includes, but is not limited to, financial records, client lists, trade secrets, and negotiation details.

7. Indemnification

Each Party agrees to indemnify and hold harmless the other Party from and against any and all claims, liabilities, losses, damages, and expenses (including reasonable legal fees) arising out of or in connection with any breach of this Agreement by the indemnifying Party.

8. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of {{country}}. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of {{city}}, {{country}}.

9. Entire Agreement

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether written or oral.

SIGNATURES

_____________________________

{{Seller_Signatory_Name}}

For and on behalf of {{Seller_Company_Name}}

Date: {{Seller_Signature_Date}}

_____________________________

{{Representative_Signatory_Name}}

For and on behalf of {{Representative_Company_Name}}

Date: {{Representative_Signature_Date}}

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