Real Estate Non-Disclosure Agreement

A real estate non-disclosure agreement is used when the seller of a house is disclosing information to a potential buyer. This information typically contains tax information, property revenue, and planned improvements with other confidential information that gives the seller an advantage over other property owners. Real estate agents use them to protect important information about a house or property.

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.

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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Download your fillable Real Estate Non-Disclosure Agreement template in PDF format.

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.

Published: May 25, 2021