This Real Estate Non-Disclosure Agreement is essential for protecting confidential information in New Zealand property transactions. It should be used whenever sensitive information needs to be shared during property dealings, including but not limited to sales, purchases, developments, or valuations. The document ensures compliance with New Zealand's legal framework, including the Real Estate Agents Act 2008, Privacy Act 2020, and relevant property laws. It covers various aspects of confidentiality, from property specifications and pricing strategies to development plans and financial information. This agreement is particularly crucial in situations involving commercial properties, high-value transactions, or sensitive development projects where protecting proprietary information is paramount.
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1. Parties: Identifies and defines 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 used in the agreement, particularly 'Confidential Information', 'Property', and 'Permitted Purpose'
4. Scope of Confidential Information: Clearly defines what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the core obligations to maintain confidentiality and not disclose protected information
6. Permitted Disclosures: Specifies circumstances under which confidential information may be disclosed, such as to professional advisors or as required by law
7. Term and Termination: Specifies how long the confidentiality obligations last and when/how the agreement can be terminated
8. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends or upon request
9. Breach and Remedies: Outlines the consequences of breaching the agreement and available remedies
10. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement clauses
1. Security Measures: Specific requirements for securing and storing confidential information, recommended when dealing with highly sensitive data or digital information
2. Intellectual Property Rights: Provisions relating to IP rights in the confidential information, useful when property involves unique designs, plans or proprietary information
3. Non-Circumvention: Prevents the receiving party from using the confidential information to circumvent the disclosing party in property transactions
4. Representatives and Employees: Additional provisions for when the receiving party needs to share information with employees or representatives
5. Publicity and Announcements: Restrictions on public statements about the property or transaction, important for high-profile properties
6. Insurance Requirements: Obligations to maintain specific insurance coverage, relevant for high-value properties or commercial real estate
1. Schedule 1 - Description of Confidential Information: Detailed list of specific documents, information, and materials deemed confidential
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 covered by the agreement
4. Appendix A - Security Protocols: Detailed procedures for handling, storing, and transmitting confidential information
5. Appendix B - Disclosure Log: Template for recording any permitted disclosures made under the agreement
Relevant legal definitions
Agreement
Authorized Purpose
Authorized Representatives
Business Day
Confidential Information
Disclosing Party
Effective Date
Material Breach
Permitted Disclosures
Property
Property Information
Receiving Party
Related Parties
Representatives
Security Requirements
Term
Third Party
Transaction
Valuation Information
Confidential Materials
Due Diligence Information
Financial Information
Intellectual Property Rights
Notice
Personal Information
Professional Advisors
Property Documents
Real Estate Agency
Sensitive Information
Trade Secrets
Authorized Purpose
Authorized Representatives
Business Day
Confidential Information
Disclosing Party
Effective Date
Material Breach
Permitted Disclosures
Property
Property Information
Receiving Party
Related Parties
Representatives
Security Requirements
Term
Third Party
Transaction
Valuation Information
Confidential Materials
Due Diligence Information
Financial Information
Intellectual Property Rights
Notice
Personal Information
Professional Advisors
Property Documents
Real Estate Agency
Sensitive Information
Trade Secrets
Clauses
Confidentiality
Non-Disclosure
Property Access
Information Handling
Data Protection
Term and Duration
Permitted Use
Return of Information
Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Severability
Entire Agreement
Amendments
Notices
Waiver
Survival
Non-Circumvention
Security Measures
Binding Effect
Termination
Privacy Compliance
Property Inspection
Representation and Warranties
Counterparts
Electronic Execution
Non-Disclosure
Property Access
Information Handling
Data Protection
Term and Duration
Permitted Use
Return of Information
Remedies
Indemnification
Governing Law
Dispute Resolution
Force Majeure
Assignment
Third Party Rights
Severability
Entire Agreement
Amendments
Notices
Waiver
Survival
Non-Circumvention
Security Measures
Binding Effect
Termination
Privacy Compliance
Property Inspection
Representation and Warranties
Counterparts
Electronic Execution
Relevant Industries
Real Estate
Property Development
Construction
Financial Services
Property Management
Commercial Property
Residential Property
Property Investment
Property Technology
Architecture and Design
Legal Services
Relevant Teams
Legal
Real Estate
Property Management
Investment
Compliance
Operations
Business Development
Valuations
Asset Management
Risk Management
Project Development
Acquisitions
Relevant Roles
Real Estate Agent
Property Manager
Property Developer
Investment Manager
Real Estate Broker
Property Valuer
Development Manager
Asset Manager
Real Estate Attorney
Property Consultant
Facilities Manager
Real Estate Investment Analyst
Construction Manager
Project Manager
Legal Counsel
Compliance Officer
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