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Buying & Selling a Business

How do I vet a broker before handing them sensitive financial information?

TSL Written by the Treadstone Law team· Updated August 2026

Start with the basics: ask about their track record with businesses similar to yours, request references, and ask specifically how they handle confidentiality before a listing agreement is even signed — a broker who takes your financial information seriously should already have a clear answer about how they screen buyers and require confidentiality agreements before disclosing anything sensitive. Their answer, or lack of one, tells you a lot before you've shared a single document.

It's also reasonable to ask about their firm's structure and how long they've been operating, and, where the sale might include real property, whether they're currently registered under Ontario's real estate brokerage regime — pure share-sale brokerage doesn't require that registration, but it's a fair question to ask rather than assume the answer either way. Ask for the listing agreement in advance so you can review confidentiality and information-handling terms before anything is shared, not after. A Treadstone business lawyer can review both the broker's proposed agreement and their confidentiality process before you hand over financial statements or other sensitive material.

Key takeaways

  • Ask about track record, references, and confidentiality process before sharing anything.
  • A broker's answer about how they screen buyers and protect information is itself informative.
  • Registration status is only relevant if the sale involves real property — ask rather than assume.
  • Review the listing agreement's confidentiality terms before, not after, sharing financials.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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