Non-Disclosure Agreement (NDA) for the Real Estate industry

Why Real Estate businesses need an industry-specific Non-Disclosure Agreement (NDA)

Real Estate operators in Thailand work under specialised regimes including พรบ.อาคารชุด, พรบ.จัดสรรที่ดิน, Foreign Land Ownership restrictions. Off-the-shelf Non-Disclosure Agreement (NDA) templates available online do not cover these obligations, and tend to be interpreted against the party with weaker bargaining power once a dispute arises.

Based on NYC Legal's experience with 380+ Real Estate clients, the recurring pain points are: Foreign 49% quota · FET-form · Leasehold 30+30+30. Our industry-specific Non-Disclosure Agreement (NDA) build is engineered to neutralise these risks before signature, anchored to recent Thai-court precedent from the last 5 years.

Legal framework referenced

An enforceable Non-Disclosure Agreement (NDA) must integrate Thai general law, sector-specific rules, and the international conventions Thailand has acceded to:

• Hague Apostille Convention 1961 — effective in Thailand 19 December 2024, cutting legalisation time by ~70% • Thailand Labour Protection Act 1998 (as amended 2019) — non-compete capped at 2 years / reasonable radius • CISG (Vienna Convention 1980) — international sale of goods (Thailand not a party but opt-in is valid) • Thailand Trade Competition Act 2017 — bans exclusive dealing that restricts competition

Sector rules for Real Estate: • พรบ.อาคารชุด • พรบ.จัดสรรที่ดิน • Foreign Land Ownership restrictions • EIA Regulations — every clause is mapped to the relevant statute so it stands up in court and at arbitration.

Signature clauses included by default

Our Real Estate edition of the Non-Disclosure Agreement (NDA) includes the following provisions that generic templates omit:

(1) Title transfer at Land Office · (2) Right of first refusal · (3) Foreign quota 49% (condo) · (4) EIA covenant · (5) Common area maintenance

Each clause has been reviewed by counsel with direct Real Estate sector experience and benchmarked against Fortune 500 / Magic Circle precedent, so foreign counterparties accept them and the chosen governing law will enforce them as drafted.

Common pitfalls checklist

Across 380+ Real Estate contract reviews, the recurring defects that render a contract unenforceable or one-sided are:

1. Limitation of Liability does not separate direct / indirect / consequential damages · 2. Defined Terms are incomplete — key words used before they are defined, creating conflicting interpretations · 3. Indemnity clause has no cap — unlimited exposure, conflicts with CCC §150 reasonableness · 4. Confidentiality clause omits the survival period after termination · 5. No Entire Agreement clause — prior emails can be pulled in as contract terms · 6. Dispute Resolution clause does not specify arbitration language — meta-dispute risk · 7. No Severability clause — one void provision can void the whole contract · 8. Termination clause has no cure period — invites unlawful immediate termination

Every NYC Legal draft passes a 32-point Pre-Sign Audit Checklist before delivery, eliminating the issues above as a matter of standard procedure.

Counterparties and typical use cases

The Non-Disclosure Agreement (NDA) for Real Estate businesses is most commonly used in relationships with ผู้ซื้อต่างชาติ, Developer, กรมที่ดิน, ธนาคารผู้ปล่อยกู้, นิติบุคคลอาคารชุด. Each counterparty carries a different bargaining posture, so our attorneys calibrate position (buy-side, sell-side, or neutral) and protection level (heavy, balanced, light) to match your deal objectives.

Primary use cases in this sector: พนักงานใหม่ · คู่ค้า · Pitch deck. For cross-border enforceability we ship a bilingual Thai–English version together with Notary Public certification plus Apostille (126 Hague-party states) or Consular Legalisation chain (rest of the world), packaged as a single engagement.

Four pricing tracks

1) Standard — from THB 4,500 · first draft in 2–3 business days · 2 revision rounds · Witness signing on request.

2) Express (Rush) — from THB 6,750 · first draft in 24-48 hours · 3 revision rounds · for deals that must close fast.

3) Premium (Negotiation) — from THB 11,250 · 5-8 page legal memorandum · risk matrix · 2 rounds of term-sheet negotiation · 6-month post-signing compliance checklist · for deals above THB 10M.

4) Retainer (Annual) — from THB 36,000/year · unlimited Non-Disclosure Agreement (NDA) drafting and review · 4-hour legal hotline SLA · for Real Estate businesses closing 3+ deals per month.

Six-step workflow

1) Intake — deal context, position, counterparty, governing law, budget captured via a 12-field form (15 minutes).

2) Risk Assessment — sector-specific risk matrix for Real Estate delivered within 24 hours.

3) Drafting — senior counsel drafts against the 32-point Pre-Sign Audit Checklist within 2–3 business days.

4) Revision — client review, optional 30-minute call, 2-3 in-scope rounds.

5) Execution — final Word + PDF + signing instructions.

6) Post-Sign — file vaulted for 12 months · free revisions on regulatory change · ongoing monitoring of statutes affecting your contract.

Why pick NYC Legal for Non-Disclosure Agreement (NDA) in Real Estate

Attorneys 12+ years · 6 Notary Publics · 3,000+ documents per year · Real Estate, FDI, listed companies, SMEs — 380+ direct Real Estate clients.

Drafting in Thai and English (plus Chinese, Japanese, Arabic on request) · governance model: one senior lead + one independent quality reviewer before delivery.

Quality Guarantee — if a contract is held void or unenforceable due to our error, we refund the legal fee in full · backed by Professional Indemnity Insurance.

Frequently asked questions