Real Estate Non-Disclosure Agreement (NDA)

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A real estate non-disclosure agreement prohibits interested buyers from disclosing transaction details with outside parties. During negotiations, real estate owners may require interested parties to sign a non-disclosure agreement to ensure the privacy of discussions and the sensitive data exchanged.

Real Estate Non-Disclosure Agreement (NDA)

A real estate non-disclosure agreement prohibits interested buyers from disclosing transaction details with outside parties. During negotiations, real estate owners may require interested parties to sign a non-disclosure agreement to ensure the privacy of discussions and the sensitive data exchanged.

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Last updated June 7th, 2024

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A real estate non-disclosure agreement prohibits interested buyers from disclosing transaction details with outside parties. During negotiations, real estate owners may require interested parties to sign a non-disclosure agreement to ensure the privacy of discussions and the sensitive data exchanged.

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NDA in Real Estate

An NDA in real estate prevents parties from disclosing information such as sale price, property condition, agreement terms, or the fact that the property is on the market. By not allowing certain information to get out, sellers can protect their interests and position in future negotiations.

For example, unauthorized disclosures of a property’s sale price may affect the seller’s leverage in future negotiations with other interested parties.

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REAL ESTATE NON-DISCLOSURE AGREEMENT

1. THE PARTIES. This Real Estate Non-Disclosure Agreement, hereinafter known as the “Agreement”, made this [DATE], is between:

Potential Buyer: [POTENTIAL BUYER NAME] (“Potential Buyer”),
Landlord: [LANDLORD NAME] (“Landlord”), and
Agent (if any): [AGENT NAME] (“Agent”).

The Potential Buyer, Landlord, and Agent are referred to jointly as the “Parties.” In connection with the Potential Buyer’s consideration of a purchase of the property located at [ADDRESS], the Parties agree to the following:

2. GENUINE INTEREST. The Potential Buyer is genuinely interested in purchasing the Property from the Landlord.

3. PERMITTED USE. The Potential Buyer will use the confidential information solely for the purposes of evaluating the Property.

4. CONFIDENTIAL INFORMATION. The Potential Buyer acknowledges that all information and materials furnished by the Landlord or Agent concerning the Property are confidential and may not be used for any purpose other than the Potential Buyer’s evaluation for a possible purchase.

5. NONDISCLOSURE. The Parties agree not to disclose to any other person or entity the fact that any discussion or negotiations are taking place with respect to the Property, including any business located therein, or the actual or potential terms, conditions, or facts involved in any such discussions or negotiations.

6. DISCRETION. The Potential Buyer agrees not to contact any of the Property or business’s employees, suppliers, or customers except through the Agent or Landlord.

7. BINDING EFFECT. This Agreement shall be governed by the laws of the State of [STATE], and shall survive the closing of any agreement between Potential Buyer and Landlord for a period of [TIME PERIOD], from the date of said closing or if the information becomes publicly available, whichever occurs first. The word “Closing” shall include notification of non-interest on the part of the Potential Buyer as well as any successful transaction between the Potential Buyer and the Landlord.

Potential Buyer’s Signature: ___________________ Date: ___________
Print Name: ___________________