EZ Business Brokering Forms
EZ Offer - Business Brokering & M&A Forms
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MOST USED - CORE COMMERCIAL AGREEMENTS
Asset Purchase Agreement (California) What it is: The definitive agreement used when a buyer purchases specified assets of a business rather than acquiring ownership of the company itself.
When it’s used: When the transaction is structured as an asset sale, typically after an LOI and due diligence. It establishes what is being purchased, assumed liabilities, price, payment terms, representations, closing conditions, and other terms.
Generally signed by: Buyer and Seller, usually through their respective business entities. the parties need additional terms that are not contained in the original agreement or need to modify agreed terms without replacing the entire contract.
Generally signed by: All parties whose rights or obligations are being modified, typically Buyer and Seller or Landlord and Tenant.
Generally signed by: All parties whose rights or obligations are being modified, typically Buyer and Seller or Landlord and Tenant.
Stock Purchase Agreement (California) What it is: The definitive agreement used when a buyer acquires shares or ownership interests in the company itself rather than purchasing selected assets.
When it’s used: When the acquisition is structured as a stock or equity purchase.
Generally signed by: Buyer and Selling Shareholder(s)/Owner(s), with the company sometimes also joining the agreement.
Exclusive / Non-Exclusive Business Listing Agreement What it is: An agreement authorizing a broker or intermediary to market a business for sale and establishing the listing terms, scope of representation, and compensation.
When it’s used: When a business owner hires a broker to market and sell the business. It can provide exclusive representation or permit a non-exclusive arrangement.
Generally signed by: Business Seller/Owner and Broker/Brokerage.
One-Way Non-Disclosure & Non-Circumvention Agreement (NCNDA) What it is: An agreement protecting confidential business and deal information while restricting the receiving party from circumventing the seller, broker, or intermediary to pursue the opportunity directly.
When it’s used: Before revealing sensitive information such as the business identity, financials, customers, operations, proprietary information, or detailed deal information.
Generally signed by: Receiving Party/Buyer and the applicable Seller, Broker, or Disclosing Party.
Mutual Non-Disclosure Agreement (MNDA) What it is: A confidentiality agreement protecting sensitive information exchanged by both parties.
When it’s used: When both sides expect to disclose confidential information during acquisition, partnership, due diligence, or other business discussions.
Generally signed by: Both parties exchanging confidential information.
Business Acquisition Letter of Intent (LOI) What it is: A preliminary agreement outlining the major proposed terms for purchasing a business before the parties enter into a definitive purchase agreement.
When it’s used: After a buyer has reviewed enough information to make an offer and wants to establish price, structure, financing, due diligence, closing, and other major deal terms.
Generally signed by: Buyer and Seller. The LOI should identify which provisions are binding or non-binding.
SELLER / LISTING SIDE
Exclusive / Non-Exclusive Business Listing Agreement What it is: An agreement engaging a broker to market and facilitate the sale of a business and establishing the broker's authority and compensation.
When it’s used: At the beginning of a sell-side engagement before the broker begins actively marketing the business.
Generally signed by: Seller/Business Owner and Broker/Brokerage.
Broker Fee & Commission Protection Agreement What it is: An agreement establishing and protecting a broker's right to compensation for sourcing, introducing, negotiating, or facilitating a transaction.
When it’s used: When the broker's fee needs to be separately documented or protected, particularly with off-market deals or introductions.
Generally signed by: Broker/Brokerage and the party responsible for the fee, typically Buyer or Seller.
Finder’s Fee Agreement (California) What it is: An agreement establishing compensation for a person or entity making an introduction or referral that may result in a business transaction.
When it’s used: When a finder or referral source is being compensated for an introduction rather than being engaged to perform broader brokerage services.
Generally signed by: Finder and the party agreeing to pay the finder’s fee.
CONFIDENTIALITY & DEAL PROTECTION
One-Way Non-Disclosure & Non-Circumvention Agreement (NCNDA) What it is: An agreement protecting confidential business and deal information while restricting the receiving party from circumventing the seller, broker, or intermediary to pursue the opportunity directly.
When it’s used: Before revealing sensitive information such as the business identity, financials, customers, operations, proprietary information, or detailed deal information.
Generally signed by: Receiving Party/Buyer and the applicable Seller, Broker, or Disclosing Party.
Mutual Non-Disclosure Agreement (MNDA) What it is: A confidentiality agreement protecting sensitive information exchanged by both parties.
When it’s used: When both sides expect to disclose confidential information during acquisition, partnership, due diligence, or other business discussions.
Generally signed by: Both parties exchanging confidential information.
More Forms Coming Soon Brokerages: We can white-label EZ Offer and configure the exact forms, addendums, disclosures, and packages your team uses. Your forms. Your workflow. Powered by EZ Offer.
ACQUISITION OFFER PHASE
Business Acquisition Letter of Intent (LOI) What it is: A preliminary agreement establishing the principal proposed economic and transaction terms of a business acquisition.
When it’s used: When a buyer is ready to put a proposed deal structure in writing before negotiating definitive acquisition documents.
Generally signed by: Buyer and Seller.
Extension of Time Addendum (ETA) What it is: An agreement extending a deadline contained in an existing transaction agreement.
When it’s used: When additional time is needed for due diligence, financing, document delivery, approvals, closing, or another agreed deadline.
Generally signed by: Buyer and Seller, or the applicable parties to the underlying agreement.
Escrow Amendment / General Addendum (ADM) What it is: A general amendment used to document agreed changes or supplemental instructions relating to an existing transaction or escrow.
When it’s used: After an agreement has been executed and the parties need to modify or clarify transaction or escrow terms.
Generally signed by: Buyer and Seller, and acknowledged or processed by escrow when applicable.
PURCHASE / CLOSING AGREEMENTS
Asset Purchase Agreement (California) What it is: The definitive acquisition agreement transferring specified assets of the business to the buyer.
When it’s used: For an asset acquisition after the parties have negotiated the transaction and are ready to document the final deal.
Generally signed by: Buyer and Seller.
Stock Purchase Agreement (California) What it is: The definitive acquisition agreement transferring shares or equity ownership of the company to the buyer.
When it’s used: For a stock/equity acquisition rather than an asset acquisition.
Generally signed by: Buyer and Selling Shareholder(s)/Owner(s).
Seller Financing Carryback Addendum What it is: An addendum documenting the principal terms under which the seller finances a portion of the business purchase price.
When it’s used: When the buyer pays part of the purchase price over time rather than paying the entire amount at closing.
Generally signed by: Buyer and Seller.
Commission Disbursement Authorization (Escrow) What it is: Written authorization instructing escrow or the closing agent how an agreed brokerage commission should be distributed at closing.
When it’s used: Near closing when the broker's commission has been established and escrow needs payment instructions.
Generally signed by: Typically the Broker/Brokerage or other authorized party, subject to the escrow and transaction structure.
More Forms Coming Soon Brokerages: We can white-label EZ Offer and configure the exact forms, addendums, disclosures, and packages your team uses. Your forms. Your workflow. Powered by EZ Offer.
More Forms Coming Soon Brokerages: We can white-label EZ Offer and configure the exact forms, addendums, disclosures, and packages your team uses. Your forms. Your workflow. Powered by EZ Offer.
PARTNERSHIP / ALTERNATIVE TRANSACTION STRUCTURES
Strategic Partnership Agreement – JV Agreement What it is: An agreement establishing the terms of a strategic partnership or joint venture, including responsibilities, economics, decision-making, contributions, and other agreed terms.
When it’s used: When the parties decide to partner, jointly operate, invest in, or pursue an opportunity together instead of completing a traditional 100% acquisition.
Generally signed by: The participating individuals or business entities.
More Forms Coming Soon Brokerages: We can white-label EZ Offer and configure the exact forms, addendums, disclosures, and packages your team uses. Your forms. Your workflow. Powered by EZ Offer.
More Forms Coming Soon Brokerages: We can white-label EZ Offer and configure the exact forms, addendums, disclosures, and packages your team uses. Your forms. Your workflow. Powered by EZ Offer.