Asset Management & Recovery: sample non-circumvent agreement

This is not all encompassing and does not protect commissions however is an example of something that you can use in certain situations.  It can be easily modified to protect commission is you choose.

Gryphon Asset Advisors, LLC. (“GRYPHON”) has identified a potential opportunity to purchase certain parcels or residential real estate in the Columbus, Ohio area (the “Real Estate”).  In order to protect Gryphon’s confidential business information regarding the Real Estate, we wish you to sign this letter confirming that neither you nor ________________________________(collectively the “Interested Party”) nor any of their clients, officers, employees, shareholders, members, partners, directors and agents will, either acting alone or with others, in any way participate in the purchase of the Real Estate or the liabilities encumbering the Real Estate (including notes payable and security interests pledged for the benefit of its lenders), without the prior written consent of GRYPHON, which such consent may be withheld in GRYPHON’s sole discretion.

The Interested Party acknowledges and agrees that the provisions of this letter agreement are a reasonable and necessary protection of GRYPHON’s immediate and substantial interests, that any violation of these restrictions would cause substantial and irreparable harm to GRYPHON, and that GRYPHON would not have introduced Interested Party to the Real Estate without the additional consideration offered by Interested Party in binding itself to the provisions of this letter agreement, and Interested Party hereby waives all defenses to the strict enforcement thereof by GRYPHON.  In the event of a breach or threatened breach by Interested Party of the provisions of this letter agreement, GRYPHON shall be entitled to a temporary and/or permanent injunction restraining Interested Party from such breach or threatened breach without the necessity of posting bond or proving irreparable harm; provided, however, that nothing herein contained shall be construed to preclude GRYPHON from pursuing any other available remedy for such breach or threatened breach in addition to, or in lieu of, such injunctive relief.

If this letter meets your agreement, please execute it below to signify your agreement with its terms.  Upon my receipt of the executed letter, I will provide to Interested Party financial information regarding the Real Estate and we will continue our discussions regarding this matter.