This Real Estate Confidentiality Agreement is essential for protecting sensitive information during property transactions in New Zealand. It should be used whenever confidential information needs to be shared in the context of real estate dealings, including property sales, leases, developments, or investments. The document covers various types of confidential information such as financial data, property valuations, development plans, tenant details, and commercial terms. It ensures compliance with New Zealand legislation, including the Privacy Act 2020, Real Estate Agents Act 2008, and relevant property laws. This agreement is particularly crucial in situations involving commercial properties, high-value transactions, or sensitive development projects where unauthorized disclosure could impact property values or commercial interests.
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1. Parties: Identifies all parties to the agreement, including the disclosing party (typically the property owner or agent) and receiving party
2. Background: Sets out the context of the agreement, including the purpose of sharing confidential information related to the real estate transaction
3. Definitions: Defines key terms including 'Confidential Information', 'Property', 'Permitted Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly defines what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the core confidentiality obligations and how the receiving party must protect the confidential information
6. Permitted Use and Disclosure: Specifies the allowed uses of the confidential information and circumstances under which it can be disclosed
7. Security Measures: Outlines the required security measures for protecting confidential information
8. Return or Destruction of Information: Procedures for handling confidential information after the agreement ends or upon request
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard contract provisions including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Include when confidential information includes IP such as architectural plans or development proposals
2. Data Privacy Compliance: Include when personal information is part of the confidential information, addressing Privacy Act 2020 requirements
3. Representatives and Advisers: Include when other parties need access to information (e.g., lawyers, accountants, consultants)
4. Electronic Information Security: Include when confidential information will be shared or stored electronically
5. Real Estate Agent Obligations: Include when one party is a real estate agent, addressing specific obligations under the Real Estate Agents Act
6. Competing Properties: Include when receiving party may be involved with competing properties
7. Media and Public Relations: Include when property details are sensitive or high-profile
1. Schedule 1 - Description of Confidential Information: Detailed list of all information covered by the agreement
2. Schedule 2 - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule 3 - Property Details: Specific details of the property or properties involved
4. Appendix A - Security Protocols: Detailed security measures and procedures for handling confidential information
5. Appendix B - Disclosure Log: Template for recording any permitted disclosures of confidential information
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Property Investment
Construction
Property Management
Professional Services
Banking and Finance
Legal Services
Property Technology
Facilities Management
Relevant Teams
Legal
Real Estate
Property Management
Asset Management
Acquisitions
Development
Investment
Facilities
Due Diligence
Valuations
Commercial Property
Property Operations
Transaction Management
Relevant Roles
Real Estate Agent
Property Manager
Development Manager
Property Valuer
Commercial Property Lawyer
Investment Manager
Due Diligence Manager
Asset Manager
Facilities Manager
Property Director
Real Estate Partner
Acquisitions Manager
Property Development Director
Real Estate Transaction Manager
Property Portfolio Manager
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