Frequently asked questions
The things people actually ask before they get involved in an off-market transaction.
For owners
Is selling off-market legal?
Yes. Nothing requires an owner to publicly list a property, and commercial property in Florida is not subject to mandatory MLS submission the way residential listings can be. You are entitled to sell privately to a buyer of your choosing.
How do I know I am not leaving money on the table?
That is the fair question, and the honest answer is that it depends on the asset. A broad public campaign maximizes exposure, and exposure is what creates competitive bidding. Off-market wins when confidentiality has real value, when a public price history would work against you, or when you want to see real bids before committing to an asking price. If your property would do better on the open market, we will say so.
What exactly am I signing?
A one-page open listing agreement. It names your property, sets our fee at 4% payable on a closing, runs 180 days, and covers buyers we introduced and registered with you by name for six months afterwards. It is an OPEN listing, not an exclusive right-to-sell — there is no exclusivity, you remain free to sell the property yourself or through anyone we did not introduce, and you can withdraw it on notice.
What is the protection period for?
If we introduce a buyer and that buyer closes shortly after our term ends, our fee is still owed. Without it, an introduction could be made worthless simply by waiting. It applies only to buyers we actually brought you.
Will my tenants or employees find out?
Not from us. There is no sign, no public listing, and no syndication. Buyers sign a confidentiality agreement before seeing the address, and tours on occupied buildings are arranged discreetly, usually outside tenant hours.
What if I change my mind?
Then you stop. There is no exclusivity, no cancellation fee, and nothing owed unless a buyer we introduced actually closes.
For buyers
Why do I have to sign an NDA and show proof of funds?
Because that is the condition on which owners gave us the property. They agreed to a private process, and a private process only works if access is controlled. The financial documentation is how we can tell an owner that everyone seeing their rent roll can actually transact.
What is non-circumvention, and why is it in the agreement?
It means you agree not to approach the seller directly to cut us out of a deal we introduced you to. Confidentiality protects the seller; non-circumvention protects our fee. Both are standard in off-market commercial transactions.
Do I pay you anything?
No. Not an access fee, a registration fee, or a success fee. Our compensation comes entirely from the seller.
I have my own broker. Can they be involved?
Yes, but our 4% comes from the seller and we do not split it — that is what lets us quote owners a fixed cost. Your broker's compensation is a matter between you and them. Raise it when you register rather than at contract.
What documents do you need from me?
Entity formation or good-standing documentation, evidence that the signatory is authorized, and proof of funds — a recent bank or brokerage statement, a lender term sheet, a fund tearsheet or closing history, or a qualified intermediary letter for a 1031. Redact account numbers; we need the name and the balance, nothing more.
Where are my documents stored?
With our e-signature provider, not on our servers. We deliberately do not operate a repository of buyers' financial records.
How long does approval take?
One business day in normal circumstances. A person reviews every submission against published criteria applied the same way to everyone.
Are you wholesalers?
No. We are a licensed brokerage under Berkshire Hathaway HomeServices EWM Realty. We do not tie up property under contract and assign it on for a spread, and we verify ownership against the public record before marketing anything.
Something we haven't answered?
Ask directly — you will get a person, not a form response.
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