Common use of Broker Disclaimer Clause in Contracts

Broker Disclaimer. Buyer and Seller acknowledge that, except as otherwise expressly stated herein, Broker has made no warranties or representations respecting the Property, including without limitation any of the following, under any federal, state, or local law: (a) legality of the present or any possible future use of the Property; (b) pending or possible future action by any governmental entity or agency which may affect the Property; (c) the physical condition of the Property, including without limitation soil conditions, structural integrity of improvements, or presence or absence of mold, fungi, or wood destroying organisms or pests or dry rot; (d) accuracy or completeness of income and expense information and projections, square footage figures, or boundaries or possible encroachments of the Property; (e) text or accuracy of leases, options, and other agreements affecting the Property, or reports from any source concerning or affecting the Property; (f) the possibility that leases, options, or other documents exist which affect or encumber the Property and which have not been provided or disclosed by Seller; or (g) the possible presence or location of toxic or hazardous substances on or below the surface of the Property, including, but not limited to, asbestos, radon, petroleum, petrochemicals, PCBs, lead-based paint or lead-based paint hazards, other toxic, hazardous, or contaminated substances, and underground storage tanks. Regarding (g) above, Broker further recommends that Buyer seek independent professional counsel to determine presence and/or location of any such toxic or hazardous materials or tanks. Buyer agrees that investigation and analysis of the foregoing matters are Buyer's sole responsibility and that Buyer shall not hold Broker responsible therefore. Buyer and Seller acknowledge and agree that (a) Brokers do not decide what price Buyer should pay or Seller should accept; (b) Brokers do not guarantee performance by others who may provide services or products to Buyer or Seller; and (c) Buyer and Seller and Buyer will seek appropriate legal, tax, insurance, title, and other desired assistance from appropriate professionals.

Appears in 1 contract

Samples: Purchase Agreement and Escrow Instructions

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Broker Disclaimer. Buyer and Seller acknowledge that, except as otherwise expressly stated herein, Broker Agent has not made no warranties any investigation, determination, warranty or representations respecting the Property, including without limitation representation with respect to any of the following, under any federal, state, or local lawfollows: (a) the financial condition or business prospects of any tenant, or such tenant’s intent to continue or renew its tenancy in the Property; (b) the legality of the present or any possible future use of the PropertyProperty nder any federal, state, or local law; (bc) pending or possible future action by any governmental entity or agency which may affect the Property; (cd) the physical condition of the Property, including without limitation but not limited to, soil conditions, the structural integrity of the improvements, or and the presence or oor absence of mold, fungi, mold or wood wood-destroying organisms or pests or dry rotorganisms; (de) the accuracy or completeness of income and expense information and projections, of square footage figures, or boundaries or possible encroachments and of the Property; (e) text or accuracy texts of leasesleass, options, and other agreements affecting the Property, or reports from any source concerning or affecting the Property; (f) the possibility that leaseslease, options, options or other documents exist which affect or encumber the Property and which have not been provided or disclosed by Seller; or (g) the possible presence or location of toxic or any hazardous substances materials on or below the surface of about the Property, including, but not limited to, asbestos, radonPCB’s, petroleumor toxic, petrochemicals, PCBshazardous or contaminated substances, lead-based paint or lead-based paint hazards, other toxic, hazardous, or contaminated substances, and underground storage tanks. Regarding (g) above, Broker further recommends that Buyer seek independent professional counsel to determine presence and/or location of any such toxic or hazardous materials or tanks. Buyer agrees that investigation and analysis of the foregoing matters are is Buyer's ’s sole responsibility and that Buyer shall not hold Broker Marcus & Millichap responsible therefore. Buyer further agrees to reaffirm its acknowledgment of this disclaimer at close of escrow and Seller acknowledge and agree to confirm that (a) Brokers do not decide what price Buyer should pay or Seller should accept; (b) Brokers do not guarantee performance by others who may provide services or products to Buyer or is has relied upon no representations of Marcus & Millichap in connection with its acquisition of the Property. Buyer’s Initials __/s/ RH Seller; and (c) Buyer and Seller and Buyer will seek appropriate legal, tax, insurance, title, and other desired assistance from appropriate professionals.’s Initials /s/ GD

Appears in 1 contract

Samples: Purchase Agreement (NNN Healthcare/Office REIT, Inc.)

Broker Disclaimer. Buyer and Seller acknowledge that, except as otherwise expressly stated herein, Broker Agent has not made no warranties any investigation, determination, warranty or representations respecting the Property, including without limitation representation with respect to any of the following, under any federal, state, or local law: (a) the financial condition or business prospects of any tenant, or such tenant's intent to continue or renew its tenancy in the Property; (b) the legality of the present or any possible future use of the PropertyProperty under any federal, state or local law; (bc) pending or possible future action by any governmental entity or agency which may affect the Property; (cd) the physical condition of the Property, including without limitation but not limited to, soil conditions, the structural integrity of the improvements, or and the presence or absence of mold, fungi, fungi or wood wood-destroying organisms or pests or dry rot; organisms: (de) the accuracy or completeness of income and expense information and projections, of square footage figures, or boundaries or possible encroachments and of the Property; (e) text or accuracy texts of leases, options, and other agreements affecting the Property, or reports from any source concerning or affecting the Property; (f) the possibility that leaseslease, options, options or other documents exist which affect or encumber the Property and which have not been provided or disclosed by Seller; or (g) the possible presence or location of toxic or any hazardous substances materials on or below the surface of about the Property, including, but not limited to, asbestos, radonPCB's, petroleum, petrochemicals, PCBs, lead-based paint or lead-based paint hazards, other toxic, hazardous, hazardous or contaminated substances, and underground storage tanks. Regarding (g) above, Broker further recommends that Buyer seek independent professional counsel to determine presence and/or location of any such toxic or hazardous materials or tanks. Buyer agrees that investigation and analysis of the foregoing matters are is Buyer's sole responsibility and that Buyer shall not hold Broker Agent responsible therefore. Buyer further agrees to reaffirm its acknowledgment of this disclaimer at close of escrow and Seller acknowledge and agree to confirm that (a) Brokers do not decide what price Buyer should pay or Seller should accept; (b) Brokers do not guarantee performance by others who may provide services or products to Buyer or it has relied upon no representations Agent in connection with its acquisition of the Property. Buyer’s Initials ________ Seller; and (c) Buyer and Seller and Buyer will seek appropriate legal, tax, insurance, title, and other desired assistance from appropriate professionals.’s Initials ________

Appears in 1 contract

Samples: Purchase Agreement (Golden Enterprises Inc)

Broker Disclaimer. Buyer and Seller acknowledge that, except as otherwise expressly stated herein, Broker Agent has not made no warranties any investigation, determination, warranty or representations respecting the Property, including without limitation representation with respect to any of the following, under any federal, state, or local law: (a) the financial condition or business prospects of any tenant, or such tenant's intent to continue or renew its tenancy in the Property; (b) the legality of the present or any possible future use of the PropertyProperty under any federal, state or local law; (bc) pending or possible future action by any governmental entity or agency which may affect the Property; (cd) the physical condition of the Property, including without limitation but not limited to, soil conditions, the structural integrity of the improvements, or and the presence or absence of mold, fungi, mold or wood wood-destroying organisms or pests or dry rotorganisms; (de) the accuracy or completeness of income and expense information and projections, of square footage figures, or boundaries or possible encroachments and of the Property; (e) text or accuracy texts of leases, options, and other agreements affecting the Property, or reports from any source concerning or affecting the Property; (f) the possibility that leaseslease, options, options or other documents exist which affect or encumber the Property and which have not been provided or disclosed by Seller; or (g) the possible presence or location of toxic or any hazardous substances materials on or below the surface of about the Property, including, but not limited to, asbestos, radonPCB's, petroleumor toxic, petrochemicals, PCBshazardous or contaminated substances, lead-based paint or lead-based paint hazards, other toxic, hazardous, or contaminated substances, and underground storage tanks. Regarding (g) above, Broker further recommends that Buyer seek independent professional counsel to determine presence and/or location of any such toxic or hazardous materials or tanks. Buyer agrees that investigation and analysis of the foregoing matters are is Buyer's sole responsibility and that Buyer shall not hold Broker Agent responsible therefore. Buyer further agrees to reaffirm its acknowledgment of this disclaimer at close of escrow and Seller acknowledge and agree to confirm that (a) Brokers do not decide what price Buyer should pay or Seller should accept; (b) Brokers do not guarantee performance by others who may provide services or products to Buyer or it has relied upon no representations of Agent in connection with its acquisition of the Property. Buyer's Initials Seller; and (c) Buyer and Seller and Buyer will seek appropriate legal, tax, insurance, title, and other desired assistance from appropriate professionals.'s Initials

Appears in 1 contract

Samples: Purchase Agreement

Broker Disclaimer. Buyer and Seller acknowledge that, except as otherwise expressly stated herein, Broker Agent has not made no warranties any investigation, determination, warranty or representations respecting the Property, including without limitation representation with respect to any of the following, under any federal, state, or local law: (a) the financial condition or business prospects of any tenant, or such tenant's intent to continue or renew its tenancy in the Property; (b) the legality of the present or any possible future use of the PropertyProperty under any federal, state or local law; (bc) pending or possible future action by any governmental entity or agency which may affect the Property; (cd) the physical condition of the Property, including without limitation but not limited to, soil conditions, the structural integrity of the improvements, or and the presence or absence of mold, fungi, fungi or wood wood-destroying organisms or pests or dry rotorganisms; (de) the accuracy or completeness of income and expense information and projections, projections of square footage figures, or boundaries or possible encroachments and of the Property; (e) text or accuracy basis of leases, options, and other agreements affecting the Property, or reports from any source concerning or affecting the Property; (f) the possibility that leaseslease, options, options or other documents exist which affect or encumber the Property and which have not been provided or disclosed by Seller; or (g) the possible presence or location of toxic or any hazardous substances materials on or below the surface of about the Property, including, but not limited to, asbestos, radonPCB's, petroleum, petrochemicals, PCBs, lead-based paint or lead-based paint hazards, other toxic, hazardous, hazardous or contaminated substances, and underground storage tanks. Regarding (g) above, Broker further recommends that Buyer seek independent professional counsel to determine presence and/or location of any such toxic or hazardous materials or tanks. Buyer agrees that investigation and analysis of the foregoing matters are is Buyer's sole responsibility and that Buyer shall not hold Broker Agent responsible thereforetherefor. Buyer further agrees to reaffirm its acknowledgment of this disclaimer at close of escrow and Seller acknowledge and agree to confirm that (a) Brokers do not decide what price Buyer should pay or Seller should accept; (b) Brokers do not guarantee performance by others who may provide services or products to Buyer or Seller; and (c) Buyer and Seller and Buyer will seek appropriate legal, tax, insurance, title, and other desired assistance from appropriate professionals.it has relied upon no representations of Agent in connection with its acquisition of the Property. Buyers Initials -- Sellers Initials

Appears in 1 contract

Samples: Purchase Agreement (Wade Cook Financial Corp)

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Broker Disclaimer. Buyer and Seller acknowledge that, except as otherwise expressly stated herein, Broker Agent has not made no warranties any investigation, determination, warranty or representations respecting the Property, including without limitation representation with respect to any of the following, under any federal, state, or local law: (a) the financial condition or business prospects of any tenant, or such tenant's intent to continue or renew its tenancy in the Property; (b) the legality of the present or any possible future use of the PropertyProperty under any federal, state or local law; (bc) pending or possible future action by any governmental entity or agency which may affect the Property; (cd) the physical condition of the Property, including without limitation but not limited to, soil conditions, the structural integrity of the improvements, or and the presence or absence of mold, fungi, fungi or wood wood-destroying organisms or pests or dry rotorganisms; (de) the accuracy or completeness of income and expense information and projections, of square footage figures, or boundaries or possible encroachments and of the Property; (e) text or accuracy texts of leases, options, and other agreements affecting the Property, or reports from any source concerning or affecting the Property; (f) the possibility that leaseslease, options, options or other documents exist which affect or encumber the Property and which have not been provided or disclosed by Seller; or (g) the possible presence or location of toxic or any hazardous substances materials on or below the surface of about the Property, including, but not limited to, asbestos, radonPCB's, petroleum, petrochemicals, PCBs, lead-based paint or lead-based paint hazards, other toxic, hazardous, hazardous or contaminated substances, and underground storage tanks. Regarding (g) above, Broker further recommends that Buyer seek independent professional counsel to determine presence and/or location of any such toxic or hazardous materials or tanks. Buyer agrees that investigation and analysis of the foregoing matters are is Buyer's sole responsibility and that Buyer shall not hold Broker Agent responsible thereforetherefor. Buyer further agrees to reaffirm its acknowledgment of this disclaimer at close of escrow and Seller acknowledge and agree to confirm that (a) Brokers do not decide what price Buyer should pay or Seller should accept; (b) Brokers do not guarantee performance by others who may provide services or products to Buyer or it has relied upon no representations of Agent in connection with its acquisition of the Property. Buyer's Initials Seller; and (c) Buyer and Seller and Buyer will seek appropriate legal, tax, insurance, title, and other desired assistance from appropriate professionals.'s Initials

Appears in 1 contract

Samples: Purchase Agreement (LIVE VENTURES Inc)

Broker Disclaimer. Buyer and Seller acknowledge that, except as otherwise expressly stated herein. Agent has not made any investigation, Broker has made no warranties determination, warranty or representations respecting the Property, including without limitation representation with respect to any of the following, under any federal, state, or local law: (a) the financial condition or business prospects of any tenant, or such tenant's intent to continue or renew its tenancy in the Property; (b) the legality of the present or any possible future use of the Property; Property under any federal, state or local law: (bc) pending or possible future action by any governmental entity or agency which may affect the Property; (cd) the physical condition of the Property, including without limitation but not limited to, soil conditions, the structural integrity of the improvements, or and the presence or absence of mold, fungi, fungi or wood wood-destroying organisms or pests or dry rot; organisms: (de) the accuracy or completeness of income and expense information and projections, of square footage figures, or boundaries or possible encroachments and of the Property; (e) text or accuracy texts of leases, options, and other agreements affecting the Property, or reports from any source concerning or affecting the Property; : (f) the possibility that leaseslease, options, options or other documents exist which affect or encumber the Property and which have not been provided or disclosed by Seller; or (g) the possible presence or location of toxic or any hazardous substances materials on or below the surface of about the Property, including, but not limited to, asbestos, radonPCB's, petroleum, petrochemicals, PCBs, lead-based paint or lead-based paint hazards, other toxic, hazardous, hazardous or contaminated substances, and underground storage tanks. Regarding (g) above, Broker further recommends that Buyer seek independent professional counsel to determine presence and/or location of any such toxic or hazardous materials or tanks. Buyer agrees that investigation and analysis of the foregoing matters are is Buyer's sole responsibility and that Buyer shall not hold Broker Agent responsible therefore. Buyer further agrees to reaffirm its acknowledgment of this disclaimer at close of escrow and Seller acknowledge and agree to confirm that (a) Brokers do not decide what price Buyer should pay or Seller should accept; (b) Brokers do not guarantee performance by others who may provide services or products to Buyer or Seller; and (c) Buyer and Seller and Buyer will seek appropriate legal, tax, insurance, title, and other desired assistance from appropriate professionals.it has relied upon no representations of Agent in connection with its acquisition of the Property. BUYER'S INITIALS______ SELLER'S INITIALS_______

Appears in 1 contract

Samples: Purchase Agreement (Zila Inc)

Broker Disclaimer. Buyer and Seller acknowledge that, except as otherwise expressly stated herein, Broker Agent has not made no warranties any investigation, determination, warranty or representations respecting the Property, including without limitation representation with respect to any of the following, under any federal, state, or local law: (a) the financial condition or business prospects of any tenant, or such tenant’s intent to continue or renew its tenancy in the Property; (b) the legality of the present or any possible future use of the PropertyProperty under any federal, state or local law; (bc) pending or possible future action by any governmental entity or agency which may affect the Property; Property (cd) the physical condition of the Property, including without limitation but not limited to, soil conditions, the structural integrity of the improvements, or and the presence or absence of mold, fungi, fungi or wood wood-destroying organisms or pests or dry rotorganisms; (de) the accuracy or completeness of income and expense information and projections, of square footage figures, or boundaries or possible encroachments and of the Property; (e) text or accuracy texts of leases, options, and other agreements affecting the Property, or reports from any source concerning or affecting the Property; (f) the possibility that leaseslease, options, options or other documents exist which affect or encumber the Property and which have not been provided or disclosed by Seller; or (g) the possible presence or location of toxic or any hazardous substances materials on or below the surface of about the Property, including, but not limited to, to asbestos, radonPCB’s, petroleum, petrochemicals, PCBs, lead-based paint or lead-based paint hazards, other toxic, hazardous, hazardous or contaminated substances, and underground storage tanks. Regarding (g) above, Broker further recommends that Buyer seek independent professional counsel to determine presence and/or location of any such toxic or hazardous materials or tanks. Buyer agrees that investigation and analysis of the foregoing matters are is Buyer's ’s sole responsibility and that Buyer shall not hold Broker Agent responsible therefore. Buyer further agrees to reaffirm its acknowledgment of this disclaimer at closing and Seller acknowledge and agree to confirm that (a) Brokers do not decide what price Buyer should pay or Seller should accept; (b) Brokers do not guarantee performance by others who may provide services or products to Buyer or it has relied upon no representations of Agent in connection with its acquisition of the property. Buyer’s Initials BM Seller; and (c) Buyer and Seller and Buyer will seek appropriate legal, tax, insurance, title, and other desired assistance from appropriate professionals.’s Initials MB

Appears in 1 contract

Samples: Purchase Agreement (Eaco Corp)

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