Buying or selling a home is a deeply personal endeavor. The reasons behind a move often lie at the intersection of emotion, finances, family circumstances, and life transitions—divorce, marriage, a new baby, a death in the family, a job relocation, or financial hardship. In such moments, we turn to real estate agents, expecting them not only to represent our interests but to honor our confidences.
We assume that a real estate agent, by virtue of their licensing and role, will treat our personal information with discretion. But the truth? Confidentiality is often treated as optional in the real estate industry, especially when agents believe they can close a deal faster—or build rapport—with a juicy story or personal anecdote.
The Position of Trust—and the Conflict Built Into It
Real estate agents are salespeople. Their income depends on closing transactions quickly with as little effort as possible. In that race to the commission check, your privacy can become collateral. Agents frequently leverage the emotional backstories of buyers or sellers—offering intimate details to spark urgency or connection, and sometimes just to entertain.
I’ve seen it firsthand.
While looking for a home in 2015, I was shocked by the unsolicited disclosures shared with me by agents:
- A contentious divorce between sellers
- A family crushed by medical debt and behind on mortgage payments
- An empty dock due to a recently repossessed boat
- A home with a closet containing nearly 1,000 tagged dresses
- A property being used as a makeshift parking ramp for income
- A home staged for showings because the owners lived in multiple others
Each one of these disclosures was meant to “sell” me a property. But what they really sold me on was the need for protection—protection from having my own story repurposed and passed along like theirs had been.
Fiduciary Duty Is Not Enough
While real estate agents in Minnesota (and most states) are bound by a fiduciary duty of confidentiality under law, this duty is poorly understood by consumers and often ignored by agents. There is little accountability unless the breach is egregious and documented. And by then, the damage to your privacy may already be done.
Enter the NDA: A Simple, Strong Layer of Protection
A Non-Disclosure Agreement (NDA) between you and your real estate agent provides clear, enforceable boundaries. It tells your agent:
“This is not just a casual expectation of discretion—this is a legal obligation.”
An NDA can:
- Define exactly what constitutes confidential information (e.g., financials, family circumstances, motivations, and offer strategy)
- Set the terms for how that information may and may not be shared
- Survive beyond the closing—so your private details don’t become neighborhood gossip once the deal is done
- Empower you as a client to take control over your personal information
Who Needs It? Maybe You.
If you’re:
- Selling your home under difficult or sensitive circumstances
- Concerned about identity theft or privacy breaches
- A public figure, professional, or high-net-worth individual
- Just someone who values discretion
…you may want to consider asking your agent to sign an NDA.
The Industry Won’t Offer It—So You Must Ask
The real estate industry doesn’t offer NDAs as a standard. Why? Because the industry is built on access and control of information. But your personal data isn’t a sales tool. It’s your business.
Realtors may resist an NDA. That alone is telling. If someone balks at signing an agreement that simply formalizes their existing legal duties—maybe they’re not the right agent for you.
Bottom Line
An NDA isn’t overkill—it’s common sense in a business where personal stories are often weaponized to sell homes.If your agent is committed to acting in your best interest, they’ll sign it without hesitation. If not, you’ve just protected yourself in more ways than one.
For a customizable NDA you can download for a nominal cost: Go here.
