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Real Estate Non Disclosure Agreement Template for India

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Key Requirements PROMPT example:

Real Estate Non Disclosure Agreement

"I need a Real Estate Non Disclosure Agreement for a large commercial property development project in Mumbai, to be signed by March 2025, involving multiple parties including developers, architects, and investors, with special attention to digital information protection and RERA compliance."

Document background
The Real Estate Non Disclosure Agreement is a critical legal instrument used in the Indian real estate sector to protect sensitive information exchanged during property transactions, negotiations, or business discussions. This document becomes essential when parties need to share confidential details about property valuations, development plans, financial projections, or strategic information. It is particularly relevant in the Indian context where real estate transactions often involve multiple stakeholders and complex regulatory requirements under RERA 2016 and other applicable laws. The agreement helps maintain confidentiality while allowing necessary information sharing for due diligence, property evaluation, or business negotiations, providing legal recourse under Indian law in case of unauthorized disclosures.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, nature of the real estate transaction or relationship, and purpose of sharing confidential information

3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Real Estate Property', 'Permitted Purpose', and 'Authorized Representatives'

4. Scope of Confidential Information: Specific details of what constitutes confidential information in the real estate context, including property details, financial information, and business plans

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and standard of care

6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to professional advisors and as required by law

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

8. Return or Destruction of Confidential Information: Obligations regarding the handling of confidential information after the agreement ends

9. Breach and Remedies: Consequences of breach, including remedies and indemnification provisions

10. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for dispute resolution

Optional Sections

1. Real Estate Due Diligence: Special provisions for confidentiality during property inspection and evaluation processes

2. Digital Information Security: Specific provisions for protecting electronic data and digital documentation, recommended when significant digital assets are involved

3. Third Party Information: Provisions dealing with confidential information owned by third parties, useful when multiple stakeholders are involved

4. Publicity and Marketing Restrictions: Specific restrictions on using property information for marketing purposes, important for high-profile properties

5. Competition and Non-Solicitation: Additional restrictions beyond confidentiality, recommended for complex commercial real estate deals

6. Force Majeure: Provisions for extraordinary circumstances affecting confidentiality obligations

7. Assignment Rights: Terms governing the transfer of rights and obligations, important for corporate transactions

Suggested Schedules

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

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

3. Schedule C - Security Protocols: Specific procedures for handling and protecting confidential information

4. Schedule D - Excluded Information: List of information explicitly excluded from confidentiality obligations

5. Appendix 1 - Document Return Form: Template for documenting the return or destruction of confidential information

6. Appendix 2 - Confidentiality Acknowledgment: Form for additional parties or representatives to acknowledge confidentiality obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses

























Relevant Industries

Real Estate

Construction

Property Development

Property Management

Commercial Property

Residential Property

Industrial Property

Hospitality

Retail

Healthcare

Education

Banking and Finance

Investment Management

Professional Services

Infrastructure

Relevant Teams

Legal

Real Estate

Property Management

Investment

Finance

Operations

Compliance

Business Development

Facilities Management

Due Diligence

Acquisitions

Asset Management

Project Development

Risk Management

Corporate Services

Relevant Roles

Real Estate Director

Property Manager

Investment Analyst

Legal Counsel

Chief Financial Officer

Development Manager

Acquisition Manager

Asset Manager

Real Estate Broker

Property Valuation Specialist

Construction Manager

Project Manager

Due Diligence Officer

Compliance Manager

Real Estate Investment Manager

Business Development Executive

Operations Director

Facilities Manager

Industries







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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