Can Counselor Realty access the terminated Counselor Realty office to remove confidential information?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
12. TERMINATION CONSEQUENCES.
Upon termination or expiration of this Agreement, all rights licensed herein, and your interest herein, revert to Counselor automatically, and you must immediately:
- (c) return the Franchise Policy Guidelines and all other confidential or trade secret information to us, and stop using distinctive, proprietary or confidential items, methods or other techniques, systems or know-how we disclosed to you. Counselor or its affiliate may access and remove any confidential or proprietary information and materials, either at the Office (including any Additional Office and Extension Office) or remotely by electronic means ; and
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, upon termination or expiration of the franchise agreement, Counselor Realty or its affiliate has the right to access and remove any confidential or proprietary information and materials from the office. This includes any Additional Office and Extension Office, and they can do so either physically at the location or remotely through electronic means.
This provision ensures that Counselor Realty can protect its sensitive business data and trade secrets after a franchise agreement ends. It allows them to retrieve information that could be critical to their operations and competitive advantage. For a franchisee, this means that upon termination, they must relinquish all confidential information and allow Counselor Realty access to their physical and electronic records.
It is important to note that this right extends not only to the primary franchised office but also to any Additional Offices or Extension Offices the franchisee may have established. The franchisee must also cease using any of Counselor Realty's Marks and Systems, return the Franchise Policy Guidelines, and remove any distinctive elements from the office that resemble Counselor Realty's brand appearance.