Real Estate Non-Disclosure Agreement

A real estate non disclosure agreement is a written promise to keep property details private. A seller shares information such as tax records, property revenue and planned improvements, and the buyer agrees not to pass it on. Real estate agents also use these agreements to protect important information about a house or property. Use the template below to create your own online in a few minutes.

Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current law. If you notice an error or outdated information, please contact us.

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Why Use an NDA in Real Estate Transactions?

Using this nda template has numerous benefits for all parties involved in a real estate transaction. It protects confidential information about a house to help the buyer and seller talk freely about the property and assets without fear of confidential information being made public. Even real estate brokers benefit from using a real estate non-disclosure agreement.

Three groups usually take part:

  • The seller shares private details about the property, such as the asking price or tax records.
  • The buyer receives those details and agrees to keep them private.
  • The broker or agent helps both sides and often handles the paperwork.
Tip: save a PDF copy of the signed document in the same folder as your dated list of shared files. You will find both in one place when you need them.

Having an agreement laid out before the transaction begins will help establish everyone’s roles. If a real estate broker is acting as a middle-man, this helps ensure that they will get their commission and stay protected throughout the discussion and selling of the property. Having an agreement will also ensure that a sale doesn’t happen without you.

Potential buyers can protect their financial information with a real estate NDA. Buyers disclose personal and financial information that is often confidential. Signing an NDA agreement will ensure that this information stays confidential. It also helps buyers get the right information when learning about property.

Sellers of cheap properties benefit from using a real estate non-disclosure agreement to keep the price of their property confidential. Many buyers are looking for inexpensive properties and using an NDA will help keep the price of your property available to serious buyers. Potential buyers may act interested in a property to learn more about it. Having a real estate NDA keeps property information known to only serious buyers who keep that information confidential.

A real estate confidentiality agreement will also help you protect yourself if confidential information is revealed to the public. It establishes what people already knew before signing the agreement to clarify what information remains confidential. An agreement will also lay out what the consequences are for breaking the agreement to help all parties through the legal process.

The Risks of Not Using a Real Estate Non-Disclosure Agreement

Buying and selling a house is always a risky endeavor. A lot is at stake for all parties and having a real estate NDA sets boundaries about what can be revealed. Without having one, the buyers may not learn all of the information they need to make the best choice for them.

Depending on the state, buyers can sue if they feel as though they did not receive the proper information before buying a house. Setting up a non-disclosure agreement before discussing the property helps define what information will be discussed to protect buyers and sellers.

Without a confidentiality agreement, it will also be more difficult to establish that confidential information was revealed to the public in a worst-case scenario situation. It will take a lot of time and legal fees to determine that confidential information was incorrectly disclosed. This can be avoided with the information laid out clearly in the NDA form.

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What to Include in a Real Estate Confidentiality Agreement

A real estate non-disclosure agreement template will ensure that all of the right information is in the agreement to protect all parties involved. A template will include all the basics of what’s in a real estate NDA while you can put in the details.

Having the right information in a confidentiality form will make it easier to define information and have it stand up in court. As a legally binding contract, real estate NDAs need to be formatted in a certain way and content the right information to be enforced.

A real estate NDA form includes the names and addresses of everyone involved, including the buyer, seller, and any real estate agents. It will also include the banking service that is being used.

As with other kinds of non-disclosure agreements, laying out what is confidential is a key component. Without naming what information is going to be revealed during the discussions and defining what was known before the recourse for a breach of contract can be limited.

A real estate confidentiality agreement will also clarify what will happen if confidentiality is broken. This typically involves paying for legal compensation or other kinds of fees. Having an agreement helps everyone through the legal process if the situation were to occur.

Once the agreement is signed and dated by all parties, the contract is in effect. Some NDAs are ineffective after a specific date while others stay in effect until certain conditions and criteria are met.

There are limits to any confidentiality agreement and real estate confidentiality agreements are no different. They cannot cover information that was known before the agreement was signed. It also does not cover information that is made public or discovered through legal means.

When you fill in the template, keep this checklist nearby:

  • The date of the agreement.
  • The name and address of the party sharing the information.
  • The name and address of the party receiving it.
  • The number of years for the time period section.
  • The state you choose for the choice of law section.
  • A printed name, title and signature for each party.

What the Real Estate Non Disclosure Agreement Template Covers

The FormsPal template is a three-page non disclosure agreement with twelve numbered sections and a signature block. It names the person who shares the confidential information and the person who receives it. Here is what each part of the template contains:

  • Confidential Information: describes the kind of information the document protects.
  • Exclusions from Confidential Information: lists the kinds of information that fall outside the document.
  • Obligations of Receiving Party: sets out what the receiving side promises to do with the confidential information.
  • Time Periods: has a blank for the number of years the document runs.
  • Relationships, Severability, Integration, Waiver and Binding Effect: shorter clauses that round out the document.
  • Enforcement of Rights, Choice of Law and Indemnification: closing clauses, with a blank for the state.
  • Signature block: a printed name, title and signature for each side.

Each numbered section is short and written in plain contract wording. Reading the template once from top to bottom gives you a clear picture of what both sides are agreeing to before anyone shares a document. If a clause does not match your deal, ask a lawyer to review it.

Details Sellers Often Share With Buyers

Sellers and brokers often hold details that a buyer cannot see from the street. Sharing these confidential details after signing a non disclosure agreement lets both sides talk openly. Common examples include:

  • Tax records and utility costs.
  • Rental income and operating costs.
  • Planned improvements and renovation plans.
  • Floor plans, surveys and photos.
  • Inspection or appraisal reports.
  • The asking price and any financing details.

Give each file a short label with the document name and the date you sent it. Clear labels make the dated list easier to keep, and they help the other side find a file again quickly.

Tips for Sharing Confidential Details

A signed non disclosure agreement works best when you also handle the details with care. These habits help both sides keep track of what was shared and who received it, from the first conversation to closing day.

  • Check that the names on the document match the names on the IDs of both sides.
  • Write down the date you hand over each file.
  • Share the most sensitive files last, after the document is signed.
  • Pick one main contact on each side for requests and questions.
  • Keep all shared files in one folder so you can see what went out.
  • Keep a signed copy where you can find it and give a copy to the other side.
  • Ask a lawyer to read the document if the sale is large or the terms are unusual.

Good habits matter most when several people work on one sale. A seller, a broker and an advisor may all handle the same files. Agreeing at the start on who sees what keeps the confidential details in fewer hands and makes the dated list easier to read.

Keep a dated list of everything you share. If a question comes up later, the list shows what each person received and when.

Frequently Asked Questions

What is a real estate non disclosure agreement?

It is a written agreement in which one person shares private details about a home or building and the other person promises to keep them confidential. The details can include tax records, rental income, planned improvements and the asking price.

Who shares and who receives the information?

In this template, the Disclosing Party is the person who shares the information, often the seller. The Receiving Party is the person who gets it, often the buyer or a broker. The name and address of each sit at the top of the first page.

What does the template ask me to enter?

It asks for the date, the name and address of each side, a number of years and a state. Each side also adds a printed name, a title and a signature at the end.

Can I create the document online?

Yes. Select Create My Document at the top of this page, answer a few questions and save or print the result on any device. If you download the PDF instead, you can fill it in with the online PDF editor.

What happens after I select Create My Document?

You answer a few simple questions and the builder fills in the template for you. You can save your progress, finish on any device, then download and print the document whenever you are ready.

Can I change the wording of the template?

You can edit the text in the online builder before you download it. If you are unsure about a change, ask a lawyer to look at it first.

Should a lawyer review the document?

A lawyer can check whether the wording fits your deal, especially for a large or unusual sale. Bring the template and a list of the confidential information you plan to share.

How do I share the signed document?

Save the signed file as a PDF and send it by email, or print two copies so each side keeps one. Use the same file name each time so nobody opens an old draft.

What should I keep after signing?

Keep a signed copy and a dated list of what you shared. Both make it easy to look back at who received what.

General information, not legal or tax advice.

Jennifer M. Settles
Jennifer M. Settles
Author & Attorney
With over 25 years of experience as a business and transactional attorney, Jennifer has mastered the craft of closing highly successful deals for her clients. Through her wide-ranging expertise in commercial contracts, real estate transactions, M&A and corporate law, Jennifer secures results that are second-to-none.
Published: Jul 8, 2022