Can the deadline for opening a Counselor Realty office be extended, and if so, who decides?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
After Counselor consents to an Office site you propose, you must open your Business at that site within
six months. If you fail to do so, the Franchise Agreement will automatically terminate and your Initial Fee will not be refunded. Counselor may, in its sole discretion, grant extensions of the deadlines described above.
Source: Item 5 — INITIAL FEES (FDD page 9)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, the deadline for opening a Counselor Realty office can be extended. After Counselor Realty consents to a proposed site, the franchisee typically has six months to open their business. Failure to open within this timeframe can result in the termination of the Franchise Agreement and the loss of the initial franchise fee.
However, Counselor Realty retains the sole discretion to grant extensions to this deadline. This means that a franchisee facing difficulties in meeting the initial six-month opening deadline can request an extension from Counselor Realty. The decision to grant or deny this extension rests entirely with Counselor Realty.
For a prospective franchisee, this clause offers a degree of flexibility. If unforeseen circumstances delay the opening of their Counselor Realty office, they can appeal to Counselor Realty for an extension. However, it's important to recognize that Counselor Realty is under no obligation to grant the extension, and the franchisee should be prepared to explain the reasons for the delay and demonstrate their commitment to opening the office as soon as possible. This discretionary power held by Counselor Realty highlights the importance of maintaining open communication and a positive working relationship between the franchisee and franchisor.