Different opinions, I guess. We thought it was inappropriate and a breach of fiduciary duty for the broker not to present it, and not even respond to us. In the end, we ended up closing with the buyer at his full asking price (and we paid the broker his full commission). If we hadn’t circumvented the broker, then that wouldn’t have happened. We’ve had another broker(Transworld) who insisted the NDA cover all of their listings and not just the one we were inquiring about. We didn’t sign it because we can’t check with Transworld before every conversation with every business. That also seemed like a breach of fiduciary duty since the broker was enriching his own position at the expense of his client’s (in this case, we just moved on).

As a broker I am not going to change our NDA for you unless there is an extremely compelling reason. I doubt most brokers would change their NDAs either.