Can I require a buyer to destroy my documents if the deal falls apart?

Yes — a return-or-destroy obligation is a standard and enforceable term in a well-drafted confidentiality agreement, requiring a buyer to return or destroy documents and confirm this in writing if the deal doesn't proceed. Building this in from the start, rather than trying to negotiate it after talks have already broken down, gives you a clear contractual right to point to rather than relying on the buyer's goodwill after the relationship has soured.

Be realistic about what this can practically achieve. Certification of destruction is meaningful and worth requiring, but some copies — an email attachment, a backup, notes taken during a review — may be practically difficult to fully account for even with a cooperative buyer. This is another reason non-use obligations matter as much as return-or-destroy clauses: even if every copy can't be perfectly traced, the buyer remains bound not to use what they learned regardless of whether the physical or digital copies are gone. A Treadstone business lawyer can make sure both the destruction and ongoing non-use obligations are properly built into your agreement.