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Commercial Real Estate Non Disclosure Agreement

Commercial Real Estate Non Disclosure Agreement Template for United States

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Key Requirements PROMPT example:

Commercial Real Estate Non Disclosure Agreement

"I need a Commercial Real Estate Non Disclosure Agreement to protect confidential information about our shopping mall development project in Texas, which will be shared with potential investors during our funding round in March 2025."

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Document background
The Commercial Real Estate Non-Disclosure Agreement is essential when parties are exploring potential real estate transactions and need to share sensitive information. This document is commonly used in the United States when conducting due diligence, negotiations, or discussions regarding commercial property sales, leases, or developments. It protects proprietary information, financial data, tenant details, and business strategies while ensuring compliance with federal and state regulations governing real estate transactions and trade secrets.
Suggested Sections

1. Parties: Identification of the disclosing and receiving parties, including legal entities and addresses

2. Background: Context of the potential real estate transaction and purpose of the NDA

3. Definitions: Key terms including 'Confidential Information', 'Representatives', 'Property', and 'Permitted Purpose'

4. Confidentiality Obligations: Core obligations regarding the use and protection of confidential information

5. Permitted Disclosures: Circumstances under which confidential information may be shared with authorized parties

6. Term and Termination: Duration of the agreement and circumstances for termination

7. Return of Information: Requirements for returning or destroying confidential information

8. Governing Law: Jurisdiction and applicable laws

Optional Sections

1. Non-Solicitation: Prevents solicitation of employees or tenants. Include when protecting tenant relationships or employee information

2. Non-Circumvention: Prevents direct dealings with disclosed contacts. Include when broker relationships need protection

3. Securities Laws Compliance: Provisions regarding insider trading. Include when public companies are involved

4. Remedies: Specific remedies including injunctive relief. Include when additional enforcement mechanisms are needed

Suggested Schedules

1. Property Description Schedule: Detailed description of the subject property

2. Authorized Representatives Schedule: List of individuals authorized to receive confidential information

3. Required Disclosures Schedule: Specific disclosures required by law or regulation

4. Information Security Requirements Schedule: Specific protocols for handling confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ºÚÁÏÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Clauses

























Industries

Defend Trade Secrets Act (DTSA) 2016: Federal law providing uniform standards for trade secret protection and allowing companies to file trade secret cases in federal court

Economic Espionage Act: Federal law criminalizing trade secret theft and protecting against economic espionage

Securities Exchange Act: Federal law governing securities trading and relevant if the real estate transaction involves publicly traded companies

Uniform Trade Secrets Act (UTSA): State-level legislation providing framework for trade secret protection, adopted by most states with variations

State Real Estate Disclosure Laws: State-specific requirements regarding what information must be disclosed in real estate transactions

State Contract Laws: State-specific regulations governing contract enforceability, particularly regarding NDAs

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions, which may affect what information can be disclosed

Environmental Regulations: Federal and state laws requiring disclosure of environmental conditions and hazards

SEC Regulations: Federal securities regulations affecting disclosure requirements for publicly traded companies involved in real estate transactions

Antitrust Laws: Federal and state laws preventing anti-competitive behavior in commercial transactions

Confidential Information Scope: Legal requirements for defining protected information including property details, financial information, market analysis, development plans, and tenant information

Confidentiality Exceptions: Legal provisions for excluding previously known information, publicly available information, and legally required disclosures from confidentiality obligations

Statute of Limitations: State-specific time limits for bringing legal action related to breach of NDA

Contract Essential Elements: Legal requirements for valid contracts including consideration, term, termination, remedies, jurisdiction, and severability clauses

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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