Real Estate Non Disclosure Agreement Template for Philippines

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Key Requirements PROMPT example:

Real Estate Non Disclosure Agreement

"I need a Real Estate Non-Disclosure Agreement under Philippine law for a large-scale property development project in Manila, where we'll be sharing confidential development plans and financial projections with potential investors and contractors starting March 2025."

Document background

The Real Estate Non-Disclosure Agreement serves as a crucial legal instrument in Philippine real estate transactions where confidential information needs to be protected. It is commonly used during property negotiations, development projects, investments, and other real estate dealings where sensitive information such as pricing strategies, development plans, financial data, or proprietary methodologies must be shared between parties. This document ensures compliance with Philippine legislation, including the Data Privacy Act of 2012, the Real Estate Service Act of 2009, and relevant provisions of the Civil Code. It is particularly important in the Philippine context where real estate transactions often involve multiple stakeholders and complex negotiations requiring the exchange of sensitive business and property information.

Suggested Sections

1. Parties: Identifies and defines the parties entering into the NDA, including their legal names, addresses, and roles (e.g., property owner, developer, potential buyer, agent)

2. Background: Establishes the context of the agreement, including the nature of the real estate transaction or relationship between the parties

3. Definitions: Defines key terms used throughout the agreement, including 'Confidential Information', 'Real Estate Transaction', 'Permitted Purpose', and other relevant terms

4. Scope of Confidential Information: Clearly defines what constitutes confidential information in the context of the real estate transaction, including property details, financial information, and business strategies

5. Obligations of Confidentiality: Details the receiving party's obligations regarding the protection and non-disclosure of confidential information

6. Permitted Uses: Specifies the authorized uses of the confidential information and the purposes for which it may be disclosed

7. Term and Survival: Specifies the duration of the agreement and which obligations survive termination

8. Return or Destruction of Confidential Information: Outlines requirements for handling confidential information after the agreement ends or upon request

9. Breach and Remedies: Describes the consequences of breaching the agreement and available remedies

10. Governing Law and Jurisdiction: Specifies that Philippine law governs the agreement and establishes jurisdiction for dispute resolution

Optional Sections

1. Data Privacy Compliance: Additional section specifically addressing compliance with the Data Privacy Act of 2012, recommended when personal data is involved

2. Third Party Disclosure: Include when the receiving party may need to share information with specific third parties like attorneys, accountants, or consultants

3. Digital Information Security: Add when confidential information will be shared or stored electronically, specifying cybersecurity requirements

4. Non-Solicitation: Include when there's a need to prevent the receiving party from soliciting employees, clients, or business opportunities

5. Anti-Money Laundering Provisions: Add when the transaction involves significant monetary values or international parties

6. Broker/Agent Obligations: Include when real estate professionals are involved in the transaction

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the real estate property or properties covered by the agreement

2. Schedule B - Specific Confidential Information: Itemized list of specific documents, data, or information deemed confidential

3. Schedule C - Authorized Representatives: List of individuals authorized to receive and handle confidential information

4. Schedule D - Security Protocols: Detailed procedures for handling, storing, and transmitting confidential information

5. Appendix 1 - Acknowledgment Form: Form for additional parties or representatives to acknowledge and agree to the NDA terms

6. Appendix 2 - Data Handling Procedures: Specific procedures for compliance with data privacy requirements

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Property Development

Construction

Financial Services

Property Management

Professional Services

Architecture & Design

Investment & Banking

Hospitality

Retail

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Compliance

Business Development

Investment

Property Management

Acquisitions

Project Development

Risk Management

Operations

Finance

Corporate Affairs

Relevant Roles

Real Estate Agent

Property Developer

Real Estate Attorney

Property Manager

Investment Analyst

Real Estate Broker

Chief Investment Officer

Development Director

Property Valuation Specialist

Real Estate Investment Manager

Compliance Officer

Legal Counsel

Business Development Manager

Project Manager

Acquisitions Manager

Real Estate Portfolio Manager

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