Discover how broker NDAs restrict your business relationships years after evaluation. NC attorney explains why these provisions violate restrictive covenant law.

Learn why broker NDAs prohibiting digital storage of confidential information are impractical and create violation traps. NC attorney explains how these provisions make due diligence impossible.

Discover how broker NDAs grant unlimited audit rights over buyer business records without limits or safeguards. NC attorney explains privacy violations and trade secret risks.

In our ongoing series examining the 14 Hidden Dangers Lurking in Business Broker NDAs , we have explored numerous provisions that create one-sided risk allocation favoring brokers. Today we examine perhaps the most contradictory and indefensible provision: broad indemnification clauses that require buyers to defend and pay legal costs for brokers against claims related to confidential information, while simultaneously stating that brokers make no warranties about the accurac

Discover how extended commission periods in broker NDAs function as illegal restraints on trade under NC law. Attorney explains why employment relationship commission claims violate statute 75-1.

Learn why hidden jury trial waivers in broker NDAs violate NC law. Attorney explains why buried jury waivers aren't conspicuous and how to protect constitutional jury rights.

Learn why asymmetric liability caps in broker NDAs are unfair and potentially unconscionable. NC attorney explains how brokers cap their liability while imposing unlimited buyer liability.

Discover how excessive penalty clauses in business broker NDAs can unfairly punish buyers. NC attorney explains enforceability issues, legal risks, and how to protect your interests in business transactions.

Learn why business brokers using real estate confidentiality agreements for business sales is dangerous. NC attorney explains the legal gaps and risks of wrong document types.

Learn why attorney-in-fact clauses in business broker NDAs are dangerous. NC attorney explains lien rights, power of attorney abuse, and how brokers control your future assets.

Learn about 14 dangerous clauses hidden in business broker NDAs that can cost buyers thousands. NC attorney reveals attorney-in-fact provisions, liability traps, and hidden fees in confidentiality agreements.

Discover why business buyers should never provide personal financial information to brokers without protection. Learn how to safeguard your leverage and privacy during business acquisitions.

Discover how broker misvaluations, invalid add-backs, and conflicts of interest cost sellers and buyers millions, and learn why specialized legal counsel is essential to protect your sale or acquisition.

Selling your business is one of the biggest financial decisions you will make. While business brokers advertise "turnkey" solutions and promise to tap their networks, their 10–15% fee on the sale price can translate into tens, if not hundreds, of thousands of dollars lost.

If you have ever worked with a business broker to sell or buy a company, you may have heard claims of a business being “pre-approved for SBA financing” or the broker telling sellers and buyers they “have a preferred bank that can close faster than others.” What you likely did not hear is that the broker also gets paid by that bank when the loan closes.

Witnessing the aftermath of these failures firsthand through clients who lost their life savings to fraudulent brokers, had their funds stolen by unlicensed practitioners, or suffered massive financial harm through gross incompetence that would have been prevented by basic professional oversight.

Imagine if anyone could hang out a shingle tomorrow and start calling themselves a doctor, lawyer, or financial advisor with zero education, no licensing requirements, no oversight, and no accountability. Sound absurd?

After three comprehensive parts analyzing the Business Brokers of Florida standard Asset Purchase Agreement, Howard Law's position remains unchanged: buyers should refuse to execute this document in any form and instead demand attorney-drafted purchase agreements that actually protect their interests.

The BBF contract represents sophisticated drafting designed to create maximum advantage for brokers and sellers while shifting maximum risk to buyers who will bear the greatest financial exposure in these transactions.

The BBF Asset Purchase Contract represents a masterclass in one-sided contract drafting designed to protect everyone except the buyers who will bear the greatest financial risk in these transactions.