Templates Agreements Real Estate Non-Disclosure Agreement

Real Estate Non-Disclosure Agreement

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Real Estate Non-

Disclosure Agreement

Prepared for:

​[Buyer.FirstName] [Buyer.LastName]

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 Created by:

​[Seller.FirstName] [Seller.LastName]

I. The parties

This Real Estate Non-Disclosure Agreement, hereinafter known as the “Real Estate Agreement,” is made
between two or more of the following parties, hereinafter known as “Parties,” on this (Day) day of (Month),
(Year), hereinafter called the “Effective Date,” between:

Buyer: [Buyer.LastName] , (Buyer.MiddleName) [Buyer.FirstName] , hereinafter known as the “Buyer,” who

currently lives at [Buyer.StreetAddress] , [Buyer.City] , [Buyer.State] , [Buyer.PostalCode] with a mailing
address of [Buyer.StreetAddress] , [Buyer.City] , [Buyer.State] , [Buyer.PostalCode] .

Seller: [Seller.LastName] , (Seller.MiddleName) [Seller.FirstName] , hereinafter known as the “Seller,” who

currently lives at [Seller.StreetAddress] , [Seller.City] , [Seller.State] , [Seller.PostalCode] with a mailing
address of [Seller.StreetAddress] , [Seller.City] , [Seller.State] , [Seller.PostalCode] .

Landlord (if any): [Landlord.LastName] , (Landlord.MiddleName) [Landlord.FirstName] , hereinafter known

as the “Landlord,” who currently lives at [Landlord.StreetAddress] , [Landlord.City] , [Landlord.State] ,
[Landlord.PostalCode] with a mailing address of [Landlord.StreetAddress] , [Landlord.City] ,
[Landlord.State] , [Landlord.PostalCode] .

Agent (if any): [Agent.LastName] , (Agent.MiddleName) [Agent.FirstName] , hereinafter known as the

“Agent,” who currently lives at [Agent.StreetAddress] , [Agent.City] , [Agent.State] , [Agent.PostalCode]
with a mailing address of [Agent.StreetAddress] , [Agent.City] , [Agent.State] , [Agent.PostalCode] .

II. The property

This Real Estate Agreement is intended to prevent the unauthorized disclosure of Confidential Information
(Section IV) regarding the purchase and sale of the residential or commercial real estate, which belongs to
(Seller/Landlord), located at:

​[Seller.StreetAddress] , [Seller.City] , [Seller.State] , [Seller.PostalCode] , hereinafter known as the

“Property.”

III. Buyer genuine interest

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The Buyer agrees that they have a genuine interest in purchasing this Property and that all Confidential
Information will be used solely for evaluating the Property.

IV. Confidential information

The phrase “Confidential Information” describes any information regarding the sale of the commercial or
residential real estate Property that the Parties wish to remain private. Confidential Information relating to the
Property includes but isn’t limited to taxes, revenue, marking plans, materials, planned capital improvements,
the financial status or identity of investors or partners, or any other information the Parties wish to remain
private.

For Confidential Information to be considered “Confidential” under this agreement, Parties must convey in
writing {or in discussion} that a piece of information is intended to be kept private.

V. Non-disclosure

The Parties agree that they shall have an obligation to not:

1.  Disclose Confidential Information to a non-approved third-party,

2.  Reproduce this Real Estate Agreement for another third-party,
3.  Carefully restrict access to Confidential Information to those of its officers, employees, or directors
who are subject to non-disclosure restrictions outlined by this Real Estate Agreement and who need
access to this information for negotiating purposes.

Parties cannot use any of the information discussed in Section IV to obstruct the sale of the real estate
Property in any way. All Confidential Information must be held in the strictest confidence.

VI. Exceptions to section IV

The Parties agree that information in the public domain isn’t protected under Section IV. Any information
known before confidence was communicated by Parties or found independently from a third-party or legal
source (government, law enforcement, or court) are also exceptions to Section IV.

No illegal act can be protected under this Real Estate Agreement, and Buyer cannot be barred from
purchasing the commercial or residential Property if: (a) The Buyer has knowledge or proof of the illegal act
and (b) decides to go to the police or contact another legal authority.

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VII. Return of confidential information

Upon Parties request, the Party in who was requested to return original Confidential Information materials
must do so within (Length.Of.Time) (Hours/Days/Weeks) and cannot make copies of original material.

VIII. Term

This Real Estate Agreement will remain in effect until (Date), or whichever comes first: (a) Parties provide
written notice releasing all Parties from this Real Estate Agreement, which must be signed by all included
Parties or (b) all Confidential Information written in this Real Estate Agreement is no longer seen as
confidential by all Parties.

IX. Governing law

This Real Estate Agreement shall be governed and constructed in accordance with the law of the State of
(State) in the United States of America. All Parties consent to the exclusive jurisdiction and venue of the
same State should they wish to take legal action if/when the Real Estate Agreement is breached. All Parties
have the right to collect from the other party its reasonable attorney fees and costs, and necessary
expenditures.

X. Discretion

Buyer agrees not to contact the Property or Business employees that facilitate the sale of Property,
customers, or suppliers except through the (Seller/Agent/Landlord). Buyer further agrees to not contact the
Sellers personal business or place of work. (Buyer cannot interfere with the Agent’s other listings or listing
agreements with the Landlord in any way)

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XI. Execution

IN WITNESS WHEREOF, the Parties agree that this Real Estate Agreement will come into effect on the
Effective Date.

​ ​
Signature Signature

MM / DD / YYYY MM / DD / YYYY

​[Seller.FirstName] ​[Seller.LastName] ​ ​[Buyer.FirstName] ​[Buyer.LastName] ​

​ ​

Signature Signature

MM / DD / YYYY MM / DD / YYYY

​[Agent.FirstName] [Agent.LastName] ​ ​[Landlord.FirstName] [Landlord.LastName] ​

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Real Estate NDA FAQ

Is an NDA the same as a contract?

What are the 5 key elements of a non-disclosure agreement?

What is the purpose of a non-disclosure agreement?

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