The Real Estate Broker Confidentiality Agreement is essential when property owners need to share sensitive information with brokers during the sale or lease process. This document, governed by U.S. federal and state laws, protects proprietary information including financial records, tenant details, property conditions, and business strategies. It's particularly crucial in high-value transactions or when dealing with commercially sensitive properties. The agreement establishes clear guidelines for handling confidential information and outlines remedies for potential breaches.
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1. Parties: Identification of the disclosing party (typically property owner/seller) and receiving party (broker)
2. Background: Context of the relationship and purpose of sharing confidential information
3. Definitions: Definition of confidential information and other key terms
4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information
5. Term and Termination: Duration of confidentiality obligations and termination provisions
6. Return of Information: Requirements for returning or destroying confidential information
1. Non-Circumvention: Prevents broker from bypassing owner in dealings with third parties - used when broker will be exposed to business relationships and opportunities
2. Non-Solicitation: Prevents broker from soliciting employees or clients - used when broker will have access to employee or client information
3. Specific Transaction Provisions: Details about particular property or transaction - used when agreement relates to specific property or transaction
1. Property Schedule: Details of specific properties covered by the agreement
2. Authorized Representatives: List of individuals authorized to receive confidential information
3. Information Security Requirements: Specific protocols for handling confidential information
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