Commercial Real Estate Non-Disclosure Agreement (NDA)

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Updated December 22, 2022

A commercial real estate non-disclosure agreement allows a landlord or real estate agent to disclose financial or confidential information to a prospective buyer or tenant (the “interested party”) without worrying about that information being shared. This includes any and all information, including but not limited to financial statements, liens, rental contracts, and any other related documents.

The interested party has the obligation to keep all information private or the landlord will have the right to seek damages. After the interested party has concluded their examination of the premises and come to a decision, all released documents must be given back to the landlord. Copies of confidential documents are usually not permitted.

The Interested Parties

  • Buyer NDA – If a likely buyer requires leases or other pertinent financial information needed to obtain a loan, this will be kept secret by the use of an NDA or confidentiality agreement.
  • Tenant NDA – If there is a potential tenant that has interest in the premises, all information about the property will be held in confidence through their examination period.

How to Write

Step 1 – Download in Adobe PDF, Microsoft Word (.docx), or Open Document Text (.odt).

Step 2 – The date that the agreement is being made can be submitted in the first three (3) fields. The potential buyer’s name (the Interested Party) must be added next. Below this, the name of the Landlord and the name of the Agent (if applicable) must be entered.

Step 3 – The address of the Property can be supplied in the second section (2).

Step 4 – Section eight (8) will require the name of the State in which the agreement is being created and the duration of the agreement’s effect.

Step 5 – Only the Interested Party must sign, provide their printed name, and date the form.