What is the franchisee's obligation regarding the use of the Counselor Realty system?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
we"), and | | | of | | | , | | | , | | | ("Franchisee" or "you"). | |
COUNSELOR offers franchises for a full service residential and/or commercial real estate brokerage service business, operating in accordance with a distinctive and proprietary system established by COUNSELOR (the "System") and identified by various COUNSELOR trademarks (the "Marks"). Franchisee wishes to establish and operate a business using the System.
In consideration of the foregoing and the undertakings herein, the parties agree:
1. FRANCHISE.
1.1 Grant.
- (a) We grant you a non-exclusive license to use the System and the Marks to operate one real estate brokerage business (the "Business") at a single site you select, and to which we consent (the "Office"), within the geographic territory designated in Exhibit A to this Franchise Agreement (the "Territory"). You must obtain Counselor's written consent prior to opening or operating any additional Office locations.
- (b) You may apply to open one or more additional offices within your designated Territory (an "Additional Office") by submitting a request to Counselor describing the location of such proposed Additional Office as well as any additional information Counselor may require or request, along with one-time fee of $750 for each Additional Office location (the "Additional Office Application Materials"). After Counselor's receipt of such Additional Office Application Materials (including the one-time fee)
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, franchisees are granted a non-exclusive license to use the Counselor Realty System and Marks to operate their real estate brokerage business. This license is for a single site, which must be approved by Counselor Realty, within a designated geographic territory. Franchisees must obtain written consent from Counselor Realty before opening or operating any additional office locations.
Counselor Realty may periodically change the System and the Marks, and franchisees are obligated to promptly conform their business to these revised requirements at their own cost. Upon termination or expiration of the Franchise Agreement, all rights to use the System and Marks revert to Counselor Realty, and the franchisee must immediately cease using them. This includes stopping the use of any materials depicting the Marks or System and any confusingly similar names or marks, including domain names.
Franchisees are also required to comply with changes Counselor Realty makes to the Franchise Policy Guidelines, System, and standards, even if these changes require additional investment or expenditures. They must offer and provide all products and services and continuously operate the business in accordance with the Franchise Policy Guidelines and all applicable laws and regulations. This ensures that all Counselor Realty franchises maintain a consistent brand image and quality of service.