SITE VISIT AND NON-CIRCUMVENTION UNDERTAKING

Executed at __________ on __________.

Parties

Background

A. The Broker is about to show the Visitor the property described below ("the Premises"), and is willing to do so only on the terms of this Undertaking.

B. The Visitor wishes to view the Premises on those terms.

1. The visit

1.3 This clause 1 is a record that the visit took place, signed before the Visitor is shown the Premises. It is not a certificate of the Premises' condition, title or suitability, and it does not replace a separate site visit or inspection report where the Visitor wants one.

2. The Visitor remains free to deal

2.1 Nothing in this Undertaking stops the Visitor dealing with the Owner, or with anyone else, about the Premises or any other property, at any time.

3. The protection

3.2 If, during the Protection Period, the Visitor enters into a transaction for the Premises with the Owner, the Broker's commission is payable as if the Broker had concluded the transaction — whether the transaction is agreed directly with the Owner or through another broker or agent, and whether or not the Broker took any further part in it.

3.4 The commission is the Broker's agreed remuneration for showing the Visitor the Premises. It is not a penalty, and it is not payable twice: if the Broker also acts in the transaction, only one commission is due.

4. What counts as going around the Broker

4.1 The Visitor will not negotiate or conclude a transaction for the Premises with the Owner, or with anyone acting for the Owner, other than through the Broker, during the Protection Period.

4.2 The Visitor will not engage another broker or agent to negotiate or conclude a transaction for the Premises during the Protection Period.

4.3 The Visitor will not arrange a transaction for the Premises through someone else — a relative, an associate, a company or other entity the Visitor controls, or a person who accompanied the Visitor on the visit — in order to avoid clause 4.1 or 4.2. A transaction arranged in that way is treated as a transaction by the Visitor for the purposes of clause 3.

5. Confidentiality

5.1 The Visitor will use what it learns about the Premises and the Owner from this visit only to decide whether to pursue the Premises, and will not pass it to anyone else during the Protection Period, except to someone advising the Visitor on that decision.

6. General

6.1 This Undertaking is governed by the law in force in __________, and only the courts having jurisdiction at __________ may decide a dispute about it.

6.2 Nothing in this Undertaking transfers or creates any interest in the Premises or any other property.

6.3 A notice under this Undertaking is given in writing, by hand or by email, to the address given for the other party above.

Personal data

This notice is given under the Digital Personal Data Protection Act, 2023.

The names, addresses, telephone numbers and email addresses in this document are collected for one purpose: recording this site visit and protecting the Broker's commission on the Premises described in it. The Broker and the Visitor each keep a copy. It may be shown only to the Broker, the Visitor, the Owner to the extent clause 3 requires, and a person advising either of them, and it will not be used for marketing.

If the Visitor does not proceed with the Premises, the personal data in this document is kept for 90 days from the end of the Protection Period and then erased. If a transaction goes ahead, this record is kept for the term of the transaction plus 12 months and then erased, unless a law requires a particular record to be kept longer.

This document does not collect any Aadhaar number, PAN, bank-account detail or copy of an identity document of anyone named in it.

Signatures

Witnesses

Witness 1
Signature: ____________________
Name: ____________________
Address: ____________________

Witness 2
Signature: ____________________
Name: ____________________
Address: ____________________