Generally, information shared early in negotiations—particularly when the parties are not engaged in exclusive negotiations and there are multiple suitors—are not likely to be privileged. Some courts have even required a signed purchase agreement for privilege to apply.

Can a contract be privileged?

In a much-anticipated ruling, the California Supreme Court held on December 29, 2016 that legal invoices are protected by the attorney-client privilege, and therefore, with some exceptions, need not be disclosed under the Public Records Act.

Are fully executed contracts privileged?

Id. because they contain legal advice, but the final executed contract is not privileged.