Can a Christies International Real Estate franchisee sell unapproved goods or services?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
for the limitations described in this Section, you acknowledge and agree that you do not have any right to exclude, control or impose conditions on our development of future licensed, franchised, company or affiliate-owned CHRISTIE'S INTERNATIONAL REAL ESTATE businesses, or other company owned businesses at any time or at any location.
1.3. Rights Reserved to Us. We reserve (for ourselves and our affiliates) reserve all rights to engage in all activities associated with CHRISTIES INTERNATIONAL REAL ESTATE Marks, and all rights to engage in any business, licensing, franchising, or other activities associated with other brands, marks, and real estate brokerage systems, anywhere in the world, not specifically granted to you under this Agreement or expressly prohibited under this Agreement, or expressly prohibited from us engaging in under this Agreement. Without limiting the preceding sentence, we (for ourselves and our affiliates) specifically reserve the right, from any location at any time, without any compensation to you or any other Affiliate and regardless of whether it competes with the Business, the following rights:
(a) To own and operate, and grant licenses or franchises to others to own and operate, CHRISTIE'S INTERNATIONAL REAL ESTATE offices outside of the Protected Territory;
(b) To own and operate, and grant licenses or franchises to others to own and operate, any business of any kind (other than an office located within your Protected Territory selling the same services as a CHRISTIE'S INTERNATIONAL REAL ESTATE businesses) under the Marks at any locations within or outside of your Protected Territory, including by electronic means such as the Internet, applications, by websites we may establish, catalog sales, telemarketing, or other direct marketing sales;
(c) To own and operate, and grant licenses or franchises to others to own and operate, any business of any kind, including a real estate business selling the same or similar services as CHRISTIE'S INTERNATIONAL REAL ESTATE businesses, under any names, trademarks, service marks, logos and other commercial symbols other than the Marks, regardless of where such businesses are located, including within the Protected Territory;
(d) To merge with, acquire, be acquired by, or become associated with any businesses that are the same or similar to a CHRISTIE'S INTERNATIONAL REAL ESTATE businesses and operate or license others to operate such businesses regardless of where the businesses are located, including within the Protected Territory, and to be acquired by any third party that operates businesses that are the same or similar to CHRISTIE'S INTERNATIONAL REAL ESTATE businesses regardless of where such businesses are located, including within the Protected Territory;
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate FDD, the franchisor reserves specific rights regarding the brand and business operations. Christies International Real Estate retains all rights to activities associated with their marks and any business activities related to other brands, unless explicitly granted to the franchisee or expressly prohibited in the agreement. This means that Christies International Real Estate has broad discretion over business activities beyond what is specifically outlined in the franchise agreement.
Christies International Real Estate reserves the right to operate any kind of business, including a real estate business that offers similar services to Christies International Real Estate, under different names and trademarks, even within the franchisee's protected territory. They can also merge with or acquire other similar businesses, regardless of location. Furthermore, Christies International Real Estate can promote and sell products and materials under the brand's trademarks through various channels of distribution outside of the franchisee's physical office.
Christies International Real Estate also maintains control over advertising and online presence, including websites and other forms of electronic commerce. Essentially, any activities associated with the Christies International Real Estate marks that are not expressly prohibited in the agreement are reserved by the franchisor. This indicates that a franchisee's ability to offer goods or services outside the scope of the franchise agreement may be limited by the franchisor's reserved rights.