Answers · Exclusivity & confidentiality
How do exclusivity periods and confidentiality work in an off-market property deal?
Direct answer
In a direct, off-market property deal, an exclusivity period is a defined window in which the vendor agrees to negotiate only with one buyer while terms are finalised, and a confidentiality agreement (often an NDA) keeps the fact of the sale and its terms private. Together they let both sides work through a deal without a public process or outside interference.
Exclusivity gives a serious buyer the confidence to invest time and money in due diligence knowing the vendor won't simultaneously be shopping the deal elsewhere. In return, the buyer is expected to move within the agreed timeframe — exclusivity is a trade of certainty for pace, not an open-ended option.
Confidentiality serves the vendor as much as the buyer. Many owner-occupiers don't want staff, competitors, landlords or customers learning that the property is for sale before terms are settled — an NDA and a genuinely discreet process protect that. It's one of the main reasons some vendors prefer a direct sale over a public campaign in the first place.
None of this requires excluding an agent from the transaction — exclusivity and confidentiality can, and often do, sit alongside normal agent involvement and fees. As with any binding or partly-binding terms, the specific wording matters, so vendors should have exclusivity and confidentiality clauses reviewed by their own solicitor before agreeing to them.
Start a conversation
Tell us your requirement
Talk to us directly about the premises your business needs — to outgrow, to free up capital, or to have built. One conversation with the people who decide.
We work with agents. If you’re an agent with a tenant requirement you can’t place or an off-market opportunity, bring it to us.