Diligence access agreement (template)
Sample of the NDA / non-circumvention terms a buyer agrees to before private listing data unlocks. Version 2026-06-template-v2.
Draft for illustration only. Not legal advice. Each seller sets their own liquidated-damages amount per listing (or none); the actual figure appears in Section 4 on that listing. The agreement is between buyer and seller — Note Central is not a party and is not a beneficiary of any damages. Wording and enforceability must be reviewed by counsel before any public use.
Do not contact the borrower, the occupants, neighbors, or anyone connected to the property. Bring all questions about this note to the seller directly. Any unauthorized contact with the borrower or property, or any attempt to go around the seller, will be treated as intentional interference with the seller's contract.
1. Confidential information
In connection with evaluating note #— (a real estate note in the listed state), the seller may disclose non-public information including the property address, borrower information and history, note and mortgage documents, payment records, insurance, and tax information ("Confidential Information").
2. Permitted use
You will use Confidential Information solely to evaluate a potential purchase of this note, and will not disclose it to anyone except your own advisors who have a need to know and who are bound by equivalent confidentiality obligations.
3. No direct contact & non-circumvention
You will not contact the borrower, any occupant of the property, neighbors, or anyone else connected to the property. All questions about this note must be brought to the seller directly. Any unauthorized contact with the borrower or property, or any attempt to acquire this note or interfere with the seller's contract by going around the seller, is a material breach of this agreement and constitutes intentional interference with the seller's contractual relationships.
4. Damages
Because the harm from a breach of Section 3 is difficult to measure, the seller may pursue all actual damages and other remedies available at law and in equity. (The seller has not set a fixed liquidated-damages amount for this listing.)
5. Note Central is not a party to your deal
This agreement is between you and the seller. Note Central provides the listing and document-access service only — it is not a party to this agreement or to any resulting transaction, does not broker the sale, is not a beneficiary of any damages above, and makes no representation as to the accuracy of any information shared.
6. Term
Your confidentiality obligations survive for two (2) years from the date access is granted.