What is the franchisee acknowledging regarding Counselor Realty's representations about profitability?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
- 13.8 Responsibility. You acknowledge that your Business will operate in a highly competitive marketplace and that its financial results, including its ultimate success or failure, depend upon your personal management and resources, and supply and market conditions. You acknowledge, therefore, that Counselor did not, cannot and does not guarantee or represent that the Business will be profitable or successful and you have not relied upon any promise, assurance, understanding or agreement not set forth herein.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, prospective franchisees acknowledge that Counselor Realty does not guarantee the success or profitability of the business. The franchisee acknowledges that the real estate market is competitive and that their success depends on their management skills, resources, and market conditions.
Specifically, the franchisee agrees that Counselor Realty has not made any promises, assurances, or agreements regarding profitability that are not explicitly stated in the Franchise Agreement. This means that any verbal or implied promises of financial success should not be relied upon.
This acknowledgement is a standard practice in franchising. It protects Counselor Realty from liability if a franchisee's business does not perform as expected. It also emphasizes that the franchisee's own efforts and capabilities are crucial for the success of the business. Prospective franchisees should carefully consider their own skills, resources, and market conditions before investing in a Counselor Realty franchise.