Confidentiality Agreement Problem - how to write CA without identifying the property or the owner
Hi,

I have a listing for a property where the very conscious about people knowing he's selling. We don't want to identify the property before the CA's is signed. However, the name of the company that owns the property identifies property.

How can I write the CA that doesn't contain the owner's name or the address of the subject property, but that refers to that property?
[{"id": "hke11pk", "text": "Conceptually speaking\u2026.perhaps by indicating that the information to be held confidential is the property and it\u2019s owner (and perhaps offer etc) which are as discussed/presented by &lt;you&gt; to &lt;Buyer and/or coopagent&gt; on &lt;date&gt;.   Once the CA is fully executed you can then subsequently memorialize identify the property property address &amp; owner via your email to that cooperating agent/broker and/or the buyer.  An  interesting aspect is that the Seller isn\u2019t a named entity on the CA agreement perhaps\u2026so maybe it\u2019s between buyer, cooperating agent and your brokerage.  I\u2019m a commercial real estate broker but not a commercial real eastate attorney so of course consult a qualified one for advice as I don\u2019t give legal advice &lt;usual CYA stuff here&gt;.  You might check with your broker of course.", "replies": [], "depth": 1}, {"id": "hkefgvr", "text": "Just tie it to the general location(ex. City, county, state whatever seller is comfortable with)", "replies": [], "depth": 1}, {"id": "hkeg5nr", "text": "As a buyer, I'd never sign a confidentiality agreement without an address or another specific identification.   I also think it would be very difficult to enforce (not a lawyer).", "replies": [], "depth": 1}, {"id": "hkfdtcr", "text": "Maybe you can use all the vague terms in the deed and original neighborhood/development survey. Property is Plot #37 of Tumbleweed development Parcel 14 measuring 70\u2019x 140\u2019 or whatever.\n\nIt sounds like the owner used their address to name the trust/LLC such as 1234 Wilson St, LLC. and that pretty much tells you the address is 1234 Wilson St. lol", "replies": [], "depth": 1}, {"id": "hkgbbne", "text": "You typically already have the seller locked up with a listing agreement. The CA is for the information provided and registering the buyer   \n\nIf you have it off market, just sign it between yourself and the buyer. Seller doesn\u2019t have to sign and certainly don\u2019t use any of the advice above.", "replies": [{"id": "hkgbmhv", "text": "Thank you. In our other CA's the seller doesn't sign it, but it is a party to the agreement. So it would stand in court even if it doesn't refer to a particular property or owner? My concern is how do you prove this agreement was in regard to that particular property if neither the property or the owner are named? It could refer to anything.", "replies": [], "depth": 2}], "depth": 1}, {"id": "hkgbkhu", "text": "Is the owner legit serious about selling?\n\nIf the owner is that concerned with anonymity\u2026see if they can transfer into a differently named entity (ie file an LLC name change). \n\nSome landlords have a stick up their ass about wanting top dollar and yet not wanting anyone to know the property is for sale\u2026and a lot of times they aren\u2019t really serious about selling but just want to casually fish for offers and see what\u2019s out there. \n\nExplain to owner that they are going to leave money on the table if they are unwilling to let any buyers know (a) it\u2019s for sale; and (b) where the property is and get access to financials and executive summaries. \n\nYou can also have a confidentiality agreement between your brokerage firm and the prospective buyers. Have an attorney draft it so there is mutual consideration (\u201cin return for access to property information from Broker, Buyer agrees to not disclose\u201d etc..).", "replies": [], "depth": 1}, {"id": "hkjocvf", "text": "Cover your butt and consult legal counsel.", "replies": [], "depth": 1}, {"id": "hktlpwj", "text": "Maybe I\u2019m not following the concern, but in these situations I\u2019ve always left the identifying info blank until the rest of the form was negotiated. Fill it in when you have an execution copy.", "replies": [], "depth": 1}]