Metropolitan Property Group ("MPG") regularly represents sellers of businesses and commercial real estate who require discretion throughout the marketing and sale process. This Confidentiality Policy explains how MPG identifies, safeguards, and controls access to confidential business and property information, and the obligations placed on prospective buyers who wish to receive it.
Depending on the engagement, confidential information may include:
Business names, locations, financial statements, operating information, buyer offering memorandums, and other proprietary information will not be released to a prospective buyer until that buyer has executed a Non-Circumvention, Non-Disclosure & Confidentiality Agreement (NCNDA) with Metropolitan Property Group. The NCNDA prohibits the recipient from disclosing confidential information to third parties, from contacting the seller, landlord, employees, or vendors directly, and from circumventing MPG in any resulting transaction.
Once submitted, buyer NCNDA requests are typically routed through DocuSign for electronic execution. Confidential offering materials are released only after the NCNDA is fully executed and, where applicable, buyer qualification (Section 5) is complete.
Submitting an inquiry does not guarantee access to confidential information. MPG reserves the right, in its sole and absolute discretion, to withhold confidential business or property details, seller identity, or offering materials from any party — including a party who has executed an NCNDA — where MPG determines that release is not in the seller's best interest.
Before releasing confidential materials, MPG may request information sufficient to reasonably evaluate a prospective buyer's financial capacity, relevant industry or operating experience, and stated acquisition intent. This may include proof of funds, a summary financial statement, or a brief background discussion. MPG reserves the right to decline to proceed with any buyer who does not satisfactorily demonstrate the ability or intent to complete a transaction.
Sellers retain control over what information is disclosed and to whom. MPG will not identify a business as being for sale in a manner likely to alert employees, customers, competitors, or landlords without the seller's authorization, and will not release financial or operating detail beyond what the seller has approved for marketing purposes.
Business acquisition listings marketed by MPG are, absent contrary instruction from the seller, treated as off-market and confidential opportunities. Marketing materials for these opportunities are intentionally limited (e.g., general geography, industry category, and financial range) until a prospective buyer has executed an NCNDA.
Certain commercial real estate opportunities represented by MPG — including sale-leasebacks, off-market dispositions, and owner-user transitions tied to a business sale — may also require confidential handling at the seller's request, even where an NCNDA is not required for general property information. In such cases, MPG will apply seller-directed confidentiality protocols consistent with this Policy.
Confidential deal information is accessible only to MPG personnel and engaged professionals directly involved in the transaction. Offering memorandums and financial detail are distributed through controlled channels (such as DocuSign-gated release following NCNDA execution) rather than posted publicly.
Any party who receives confidential information from MPG — whether a business name, seller identity, financial detail, or offering memorandum — agrees not to circumvent MPG by contacting the seller, landlord, employees, vendors, or any related party directly, and not to use confidential information for any purpose other than evaluating the specific transaction presented, consistent with the terms of the applicable NCNDA.
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the recipient; (b) was already lawfully known to the recipient prior to disclosure; (c) is independently developed without use of MPG's confidential information; or (d) must be disclosed pursuant to a valid legal or regulatory requirement, provided reasonable notice is given where legally permitted.
Confidentiality obligations under an executed NCNDA remain in effect for the period specified in that agreement, and in any event survive the termination of discussions between MPG, the buyer, and the seller regarding a particular opportunity, unless and until the information becomes subject to one of the exceptions in Section 11.
Unauthorized disclosure, circumvention, or misuse of confidential information may cause irreparable harm to MPG's seller clients for which monetary damages alone may be inadequate. MPG and affected sellers reserve all rights and remedies available at law or in equity, including injunctive relief, in the event of a breach of an NCNDA or this Confidentiality Policy.
Metropolitan Property Group
Attn: Johnny Gjokaj, Broker
Email: John.Gjokaj@gmail.com
Phone: (586) 242-9258