Nondisclosure Agreement and Acknowledgments
Nondisclosure Agreement
I agree that all information furnished by Dunton Commercial Properties regarding businesses or properties shall be held permanently confidential and shall not be copied or reproduced, nor used in a competitive manner, nor disclosed to any other party not directly or indirectly involved in the transactions proposed.
The information shall be used for the sole purpose of considering the acquisition of the business or property. In addition, I agree not to approach or enter any businesses or properties presented nor send anyone on our behalf without the expressed consent of the Broker and Owner.
I understand the CONFIDENTIAL nature of a business sale and that such Confidentiality is beneficial to both Buyer and Seller and further agree not to contact Owners, visit, drive-through or camp at any of our Listings without the expressed prior approval of the Seller through this Agency's office.
Information to remain confidential shall include (but not be limited to) name and location of business or property, financial records, accounts, customer lists, etc.
I understand that, although all information provided is believed to be accurate, Dunton Commercial Properties does not warrant or guarantee its accuracy.
I understand that I should verify all information and seek advice of an attorney and/or an accountant before signing any contractual agreement.
Seller Agency Disclosure Statements
Prior to showing property, a selling licensee is required to provide all customers with the following information:All Dunton Commercial Properties' brokers/salespersons represent the SELLER, not the Buyer, in the marketing, negotiating and sale of the business and/or property, unless otherwise disclosed in writing; and, therefore, legally represent only the interests of the SELLER.
The broker/salesperson does have an obligation however, to show honesty and fairness to the Buyer in all transactions.
However Buyer should rely on experts of his/her choosing to examine all buildings; all systems including water, septic, plumbing, electrical and smoke detection; equipment; and to make any environmental assessments that Buyer or his experts feel are necessary. In addition, Buyer and/or his experts should also determine to Buyer's satisfaction, all state and local regulations regarding campgrounds, including but not limited to operations, systems and expansion.
Failure to inspect buildings, systems, soils and regulations is a waiver of any claim pertaining thereto.
Click here for detailed descriptions of agency relationships.
Cooperating Brokers
I as cooperating broker, also agree to invoke similar safeguards when presenting this property to my/our prospects. I as cooperating a broker, also understand that due to the nature and complexities of selling campground/RV parks, Dunton Commercial Properties is unable to co-broke. I as cooperating a broker, further understand that Dunton Commercial Properties may offer a referral fee of only when cooperating broker has made appropriate arrangements with this office prior to any involvement in transaction.
Detailed Descriptions of Agency Relationships
REMINDER: Due Diligence
Most campgrounds for sale on the market today or in the future are 30 - to - 40 years old!
A few were built by professional builders, many were built by their original Owner who might well have NOT been a licensed electrician, septic system installer, engineer, contractor, builder, etc. And, he might have used a lot of “Yankee Ingenuity” or frugality. Regulations during that period of the 1960s and 1970s and, perhaps into the 1980s in some states, had either minimal sets of regulations relative to campgrounds or, none at all, except, perhaps, for some basic sewer and water quality regulations.
Camping in the 1960s and 1970s in this part of the country was generally via tents, pickup truck campers or small tow-behind campers. As the camping industry “took off” in popularity, so did the size and services of the camping units. Many soon outgrew the services provided by the early campgrounds. Some campgrounds were retrofitted, some enlarged to accommodate the demands of the exploding industry. A few new camp-grounds were built – but not many.
If you are considering purchasing a campground/RV park in the near future, please remember that you are probably the fourth or fifth owner, that some campground facilities and services are still original and that many repairs and improvements have been made by a previous or current owner, who, for a variety of reasons, may have made those repairs and improvements either himself or with the help of some of his campers.
Don Dunton, Campground Broker, Dunton Commercial Properties and www.BuyaCampground.com are not licensed tradesmen or qualified inspectors for any facilities existing in campgrounds. It is incumbent upon the purchaser either before or during his Period of Due Diligence to do a thorough inspection of the business property that they are about to purchase and to not rely on any statement presumed made by either the Broker or the Seller regarding the permits, facilities, conditions, zoning or any other aspect of the property unless provided with written confirmation.