Real Estate Non Disclosure Agreement

Real Estate Non Disclosure Agreement Template for Switzerland

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Key Requirements PROMPT example:

"I need a Real Estate Non Disclosure Agreement under Swiss law for a potential investor from Germany who will be reviewing confidential information about our luxury hotel development project in Zurich, with special attention to cross-border data protection requirements."

Document background

This Real Estate Non Disclosure Agreement is essential for protecting confidential information exchanged during property transactions, developments, and investments in Switzerland. It should be used whenever parties need to share sensitive information about real estate assets, including property valuations, development plans, financial data, tenant information, or strategic investment details. The document is structured to comply with Swiss federal and cantonal laws, particularly the Swiss Code of Obligations and Civil Code, while addressing specific requirements of the Swiss real estate market. It provides comprehensive protection for both disclosing and receiving parties, establishing clear guidelines for handling confidential information and consequences for breach under Swiss law.

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, including the nature of the real estate transaction or relationship between the parties

3. Definitions: Clear definitions of key terms, including 'Confidential Information', 'Real Estate Transaction', 'Permitted Purpose', and other relevant terms

4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the context of the real estate transaction

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: Requirements for handling confidential information after the agreement ends or upon request

9. Remedies: Legal remedies available in case of breach, including injunctive relief and damages under Swiss law

10. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of competent Swiss courts

Optional Sections

1. Data Protection Compliance: Specific provisions addressing compliance with Swiss data protection laws, used when personal data is involved

2. Third Party Rights: Provisions regarding the rights of third parties, used when other parties may have interests in the confidential information

3. Insurance Requirements: Obligations to maintain specific insurance coverage, used in high-value transactions

4. Anti-Money Laundering Provisions: Specific provisions regarding AML compliance, used in large transactions or with foreign parties

5. Force Majeure: Provisions for unexpected events affecting ability to maintain confidentiality, used in long-term agreements

6. Language: Specification of controlling language version, used when agreement is drafted in multiple languages

Suggested Schedules

1. Schedule 1 - Specific Confidential Information: Detailed list of specific documents, information, and materials deemed confidential

2. Schedule 2 - Property Details: Description of the real estate property or properties involved

3. Schedule 3 - Authorized Representatives: List of authorized personnel who may access confidential information

4. Appendix A - Security Protocols: Specific security measures required for handling confidential information

5. Appendix B - Disclosure Log: Template for recording any permitted disclosures of confidential information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 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

Architecture & Design

Investment & Banking

Professional Services

Hospitality

Retail

Industrial & Logistics

Commercial Property

Relevant Teams

Legal

Real Estate

Acquisitions

Investment

Finance

Compliance

Property Management

Facilities Management

Development

Risk Management

Asset Management

Due Diligence

Relevant Roles

Real Estate Director

Property Manager

Investment Manager

Development Director

Chief Financial Officer

Legal Counsel

Acquisition Manager

Asset Manager

Facilities Manager

Real Estate Broker

Property Valuation Specialist

Portfolio Manager

Construction Manager

Real Estate Analyst

Compliance Officer

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Authors

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