Does the Christies International Real Estate non-solicitation covenant apply to attempts to divert business?
Christies_International_Real_Estate Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.1. Non-Solicitation of Customers. You, each Principal Owner, and the Responsible Broker, will not, during the term of this Agreement, and for a period of 1 year after its expiration or termination, directly or indirectly, divert or attempt to divert any CHRISTIE'S INTERNATIONAL REAL ESTATE business, account or customer of the Business or any other CHRISTIE'S INTERNATIONAL REAL ESTATE business referred to you by us, or the System to any competing business including, but not limited to, the competing businesses set forth in Section 6.3(e). We will not during the term of this Agreement, and for a period of 1 year after its expiration or termination, divert or attempt to divert any business, account, client, or customer of yours that we gained knowledge of in connection with this Agreement.
Source: Item 23 — RECEIPT (FDD pages 54–177)
What This Means (2025 FDD)
According to the 2025 Christies International Real Estate Franchise Disclosure Document, the non-solicitation covenant explicitly addresses attempts to divert business. During the term of the agreement and for one year after its expiration or termination, franchisees, principal owners, and responsible brokers are prohibited from directly or indirectly diverting or attempting to divert any Christies International Real Estate business, account, or customer to a competing business. This includes business referred to the franchisee by Christies International Real Estate or the System.
This covenant aims to protect Christies International Real Estate's business relationships and customer base. The non-solicitation clause prevents franchisees from leveraging their access to the Christies International Real Estate network and resources to benefit a competing business, either during the franchise term or immediately afterward. The agreement also states that Christies International Real Estate will not divert or attempt to divert any business, account, client, or customer of the franchisee that they gained knowledge of in connection with the Agreement.
For a prospective franchisee, this means that upon signing the agreement, they are legally bound not to solicit or divert existing Christies International Real Estate clients to another business. This restriction extends for one year after the franchise agreement ends. Violation of this covenant could result in legal action by Christies International Real Estate to protect its interests. Franchisees should carefully consider this restriction, especially if they have existing relationships or business ventures in the real estate industry, to ensure they can comply with the terms of the franchise agreement.