When can a Counselor Realty franchisee use confidential information?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) During and after the term of this Agreement, you shall not disclose to a third party or use, except to operate the Business during the term of this Agreement, any confidential or proprietary information, or trade secret, that we own or disclose to you. You must require your Business manager (if any) and agents to sign a corresponding confidentiality agreement. You must return the entire Franchise Policy Guidelines to us promptly upon termination or expiration of this Agreement or any transfer.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, a franchisee can only use confidential or proprietary information, or trade secrets, during the term of the Franchise Agreement to operate their Counselor Realty business.
This means that while the agreement is active, the franchisee is authorized to utilize Counselor Realty's confidential information to run their real estate brokerage. This includes access to the Franchise Policy Guidelines, which must be returned upon termination or expiration of the agreement. The franchisee must also ensure that their business manager and agents sign a confidentiality agreement to protect Counselor Realty's proprietary information.
After the Franchise Agreement terminates, the franchisee's right to use this information ceases. They are prohibited from disclosing or using the confidential information for any purpose, and must return all confidential materials to Counselor Realty. This restriction is typical in franchising to protect the franchisor's business methods and trade secrets.