Buyer or Broker Confidentiality Agreement
(Name) is requesting information in connection with a possible transaction for Property information provided by WynnDcorp Realty. We will treat confidentially any information furnished to us (the "Evaluation Material"); provided, however, that the term "Evaluation Material" does not include information which was or becomes generally available on a non-confidential basis without any breach of a confidentiality obligation to you.
Mark as applicable: I am the Buyer or Broker
We will not disclose the Evaluation Material to anyone else or use the Evaluation Material in any way detrimental to the Property / Property Owner; provided, however, that we may disclose any Evaluation Material to our directors, officers, employees or agents who need to know such information for the purpose of evaluating the transaction (it being understood that they shall be informed by us of the confidential nature of such information and that by receiving such information they are agreeing to be bound by this agreement.) We agree to be responsible for any breach of this agreement by any of our directors, officers, employees, or agents. We also agree, not to solicit or contact any employees of the above listed Property.
In the event that we are requested in any proceeding to disclose any Evaluation Material, we will give you prompt notice of such request so that you may seek an appropriate protective order. If in the absence of a protective order we are nonetheless compelled to disclose Evaluation material, we may disclose such information without liability hereunder; provided, however, that we give you written notice of the information to be disclosed as far in advance of its disclosure as is practicable and, upon your request and at your expense, use our best efforts to obtain assurances that confidential treatment will be accorded to such information.
Upon your request we will promptly redeliver to you, all copies of the Evaluation Material provided by you. Further, we will destroy all memoranda, notes and other writings prepared by us or our directors, officers, employees or agents based on the Evaluation Material.
We agree that money damages alone would not be a sufficient remedy for any breach of this agreement by us or our directors, officers, employees or agents, and that in addition to all other remedies you shall be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach, and we further agree to waive and use our best effort to cause our directors, officers, employees or agents to waive, any requirement for the securing or posting of any bond in connection with such remedy. This agreement shall be governed by and construed in accordance with the laws of the State of NC, without giving effect to its conflict of laws, principles or rules.
The terms of this agreement may not be amended or waived except in writing, signed by both parties in the case of an amendment and by the party waiving compliance in the case of a waiver.
If you are in agreement with the foregoing, please so indicate by completing, signing and returning this agreement, which will constitute our agreement with respect to the matter set forth herein.
It is understood by all parties, the subject properties may or may not be a direct WynnDcorp listing. WynnDcorp does have a Co Broker agreement with several other Real Estate Brokerages to assist in marketing their properties. All and any Property presented to the undersigned, in any manner, is subject to this agreement.
WynnDcorp Realty, nor it's Brokers, Associates of staff make and will make no representation that the Information provided by the Property Owner, or Co Brokers will be materially complete and correct and will not contain any untrue statements of a fact or omit to state a material fact necessary in order to make the statements therein not misleading in light of the circumstances under which such statements are made.
Agreed and Accepted this day of , 20 .
Website: www.wynndcorp.com Email: [email protected]
PO Box 461, Maggie Valley, NC 28751 Professional Affiliations: National Association Realtors – North Carolina Association Realtors Haywood County Board of Realtors – W NC Regional MLS – Resort & Recreational Specialist Worldwide Recreation & Resort Sales Council – Real Estate Cyberspace Society – REBAC Buyer: signed (if applicable) ______
Address: City: State: Zip:
Company:
Phone(s): Fax:
Email:
Broker for Buyer (if applicable) Name:
Brokers will not be compensated, if applicable, unless they registered said buyer with WynnDcorp Realty herein. This is NOT AN OFFER FOR BROKER COMMISSION PARTIPICATION .
Broker for Buyer: (if applicable) signed ______
Address: City: State:
Zip: Company:
Phone(s): Fax:
Email:
Buyer Registration by Broker - Buyer Name(if applicable):
Buyers City and State:
Additional Information - Working With Real Estate Agents
http://www.wynndcorp.com/workingwithrealestateagents.pdf
Website: www.wynndcorp.com Email: [email protected]
1780 Setzer Cove Road, Maggie Valley, NC 28751 Professional Affiliations: National Association Realtors – North Carolina Association Realtors Haywood County Board of Realtors – Haywood County MLS – Resort & Recreational Specialist Worldwide Recreation & Resort Sales Council – Real Estate Cyberspace Society – ICI World