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To protect the privacy of customers as well as our own economic interests, information on off-market / non-MLS properties and other properties is available subject to a confiidentiality and non-circumvention agreement. To receive information on properties review the following agreement, then enter your information and click the "agree" button at the bottom to agree.
Note: This is for prospective buyers only, not for real estate brokers or agents.
Prospective Buyer Confidentiality & Non-Circumvention Agreement
Contact: James Hawkins - james@hawkinscre.com - 786.581.7990
This Agreement dated and effective as of December 21, 2024 by and between Hawkins Commercial Realty, whose address is 1101 Brickell Avenue, South Tower 800, Miami, FL 33131 (hereafter called Hawkins Commercial Realty), and Prospect whose identity and address are entered at the bottom of this agreement (hereafter called Prospect). As used herein the term "Prospect" includes the affiliates of such person. "Affiliate" means a person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with another person. For purposes of this definition a person and its senior executives are affiliates of each other.
1. Properties shall be submitted to Prospect by Hawkins Commercial Realty from time to time during the effective period of this agreement.
2. The Prospect agrees that the information furnished to Prospect by Hawkins Commercial Realty is strictly confidential. Prospect shall keep all such information confidential, shall use such solely for the purpose of evaluating the Properties and their Owners' offers regarding the Properties, and shall not disclose such information to any other person without the express written consent of Hawkins Commercial Realty. However, Prospect may disclose such information to professionals and affiliates of Prospect who actively participate in Prospect's review and evaluation of the Properties and the Properties information provided Prospect takes all reasonable steps necessary to insure all of such persons' compliance with the terms of this agreement. Prospect shall return to Hawkins Commercial Realty all documents received by them regarding the Properties upon Hawkins Commercial Realty's written request.
3. Prospect shall conduct all negotiations for the sale or lease of the Properties through Hawkins Commercial Realty; shall not communicate directly with the Owner or Owner's agents or other representatives and shall not visit the property, or contact any employees or other agents of Owner regarding the property, without the express written consent of Hawkins Commercial Realty.
4. Prospect agrees that if Prospect purchases or leases the Properties; or, any interest therein, Hawkins Commercial Realty is entitled to receive no less than the reasonable and customary real estate brokerage commission or such other amount that may have been agreed upon between the Owner and Hawkins Commercial Realty, payable by the Owner of the Properties; and any agreement for such Properties entered into by Prospect shall include such a provision. In the event that the Prospect fails to include such a provision, Prospect agrees to pay said commission to Hawkins Commercial Realty. Notwithstanding the forgoing, in the event Prospect owes a commission to another broker due to a Property having been previously presented to Prospect by same, the amount entitled to be received by Hawkins Commercial Realty may be reduced by amounts paid to that other broker.
5. Hawkins Commercial Realty has not conducted a physical inspection of any property to discover concealed defects, the presence of any toxic substances in the improvements or the soil, has not examined any Owner's financial records relating to the operating of the property to determine the accuracy of the Owner's representation or the public records to determine the property's compliance with applicable zoning and building codes and other laws. Hawkins Commercial Realty relies upon the property and business information furnished by Owners for the marketing of properties and business opportunities and Hawkins Commercial Realty expressly disclaims any responsibility for the accuracy or completeness of the property and business information. Any representations to the contrary cannot be relied upon.
6. This agreement shall be governed by the laws of the State of Florida, shall be binding on each Party, its respective officers, employees, agents, successors, assigns, and related entities and shall be modified only in writing, signed by the Party against whom the enforcement is sought. Any action to enforce this Agreement shall be brought in Miami-Dade County, Florida.
7. This Agreement shall be effective for eighteen months after date hereof. Notwithstanding the foregoing, the terms of this Agreement shall remain effective with respect to any Property until the later of eighteen months after date hereof, eighteen months following date of submission of Property to Prospect, or complete abandonment of process by Broker.
8. This agreement may be executed in counter parts, each of which shall be considered an original, but all of which, taken together shall be considered as one agreement. Offer or acceptance of this agreement may be made by any party by delivery of an executed original hereof or by delivery of an executed copy hereof by telecopy, facsimile machine or other electronic means to the other parties. If offer or acceptance is by telecopy, facsimile or other electronic means an executed original shall be delivered promptly thereafter but such subsequent delivery of an original is not a condition of either offer or acceptance.
9. Each person signing this Agreement on behalf of a business entity represents that such person is duly authorized to bind such business entity and its affiliates to this Agreement. Prospect represents that Prospect is not a real estate broker or agent.
Broker Address:
Hawkins Commercial Realty
1101 Brickell Avenue
South Tower 800
Miami, FL 33131
Contact: James Hawkins, Principal Broker
Email: james@hawkinscre.com
Phone: 786.581.7990
