Which item in the Counselor Realty Disclosure Document relates to non-competition and non-solicitation covenants for a Counselor Realty franchise?

Question

Accepted Answer

MENT**

| Provision | Section(s) in Franchise or Other Agreement | Summary |
|---|---|---|
| j. Assignment of contract by franchisor | Section 9.4 | Counselor may transfer its interest in Franchise Agreement by notice to you |
| k. "Transfer" by franchisee -- definition | Section 9.1 | Includes transfer of your interest in Franchise Agreement, the Office, Business or Business assets, or an interest in your business entity or your owners |
| l. Franchisor approval of transfer by franchisee | Section 9.1 | Counselor has the right to consent to all transfers (other than a transfer of less than a majority interest in your business entity or your owners) and will consent if Counselor deems transferee qualified and conditions specified in Franchise Agreement are satisfied |
| m. Conditions for franchisor approval of transfer | Sections 9.1, 9.2 | Transferee qualifies; payment of transfer fee; payment of all amounts owing; renovation to then-current System standards; execution of guaranty by buyer's shareholders or owners |
| n. Franchisor's right of | Section 9.6 | Counselor has the right of first |
| first refusal to acquire |  | refusal to match any offer for your |
| franchisee's business |  | Business |
| o. Franchisor's option to | Not applicable | Not applicable |
| purchase franchisee's |  |  |
| business |  |  |
| p. Death or disability of franchisee | Section 9.3 | Decedent's (or disabled person's) executor, heir, successor or legal representative must apply for Counselor's consent to transfer within 60 days after death or incapacity, and comply with transfer provisions of Franchise Agreement |
| q. Non-competition covenants during the term of the franchise | Section 7.2 | No direct or indirect involvement in any different or competing real estate brokerage service business within 50 miles of Office; no solicitation of agents, employees or independent |
| Provision | Section(s) in Franchise or Other Agreement | Summary contractors of Counselor or any of Counselor's franchisees |
| r. Non-competition covenants after the franchise is terminated or expires | 7.2 | No solicitation of agents, employees or independent contractors of Counselor or any of Counselor's franchisees for 24- months post-termination |
| s. Modification of the agreement | Section 13.2 | No modifications generally but Franchise Policy Guidelines and licensed Marks subject to change by Counselor |
| t. Integration/merger clause | Section 13.1 | Only the terms of the Franchise Agreement are binding on Counselor |
| u. Dispute resolution by arbitration or mediation | Section 10.1 | Most disputes are resolved by individual binding arbitration conducted in Minneapolis, Minnesota |
| v. Choice of forum | Not applicable | Not applicable |
| w. Choice of law | Section 13.2 | Minnesota law applies (except Minnesota Franchises Law applies only to franchisees whose principal place of business is located in Minnesota and to whom Minnesota Franchise Act applies by its own terms) |
|  | Provision | Section(s) in Franchise or Other Agreement |
| j. | Assignment of contract by franchisor | Section 9.4 |
| k. | "Transfer" by franchisee definition | Section 9.1 |
| l. | Franchisor approval of transfer by franchisee | Section 9.1 |
| m. | Conditions for franchisor approval of transfer | Sections 9.1, 9.2 |
| n. | Franchisor's right of first refusal to acquire franchisee's business | Section 9.6 |
| o. | Franchisor's option to purchase franchisee's business | Not applicable |
| p. | Death or disability of franchisee | Section 9.3 |
| q. | Non-competition covenants during the term of the franchise | Section 7.2 |
|    | Provision                                                                       | Section(s) in Franchise or Other Agreement | Summary contractors of Counselor or any of Counselor's franchisees                                                                                                                                                     |
|----|---------------------------------------------------------------------------------|-----------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|  |  |  |  |
| r. | Non-competition covenants after the franchise is terminated or expires | 7.2 | No solicitation of agents, employees or independent contractors of Counselor or any of Counselor's franchisees for 24- months post-termination |
| s. | Modification of the agreement | Section 13.2 | No modifications generally but Franchise Policy Guidelines and licensed Marks subject to change by Counselor |
| t. | Integration/merger clause | Section 13.1 | Only the terms of the Franchise Agreement are binding on Counselor |
| u. | Dispute resolution by arbitration or mediation | Section 10.1 | Most disputes are resolved by individual binding arbitration conducted in Minneapolis, Minnesota |
| v. | Choice of forum | Not applicable | Not applicable |
| w. | Choice of law | Section 13.2 | Minnesota law applies (except Minnesota Franchises Law applies only to franchisees whose principal place of business is located in Minnesota and to whom Minnesota Franchise Act applies by its own terms) |

# 18. PUBLIC FIGURES

Counselor does not use any public figure to promote its franchises.

# 19. FINANCIAL PERFORMANCE REPRESENTATIONS

The FTC's Franchise Rule permits a franchisor to disclose information about the actual or potential financial performance of its franchised and/or franchisor-owned outlets, if there is a reasonable basis for the information, and the information is included in the disclosure document.

Source: Item 9 — FRANCHISEE'S OBLIGATIONS (FDD pages 16–17)

Which item in the Counselor Realty Disclosure Document relates to non-competition and non-solicitation covenants for a Counselor Realty franchise?

Answer from 2025 FDD Document

18. PUBLIC FIGURES

19. FINANCIAL PERFORMANCE REPRESENTATIONS

What This Means (2025 FDD)

Provision	Section(s) in Franchise or Other Agreement	Summary
j. Assignment of contract by franchisor	Section 9.4	Counselor may transfer its interest in Franchise Agreement by notice to you
k. "Transfer" by franchisee -- definition	Section 9.1	Includes transfer of your interest in Franchise Agreement, the Office, Business or Business assets, or an interest in your business entity or your owners
l. Franchisor approval of transfer by franchisee	Section 9.1	Counselor has the right to consent to all transfers (other than a transfer of less than a majority interest in your business entity or your owners) and will consent if Counselor deems transferee qualified and conditions specified in Franchise Agreement are satisfied
m. Conditions for franchisor approval of transfer	Sections 9.1, 9.2	Transferee qualifies; payment of transfer fee; payment of all amounts owing; renovation to then-current System standards; execution of guaranty by buyer's shareholders or owners
n. Franchisor's right of	Section 9.6	Counselor has the right of first
first refusal to acquire		refusal to match any offer for your
franchisee's business		Business
o. Franchisor's option to	Not applicable	Not applicable
purchase franchisee's
business
p. Death or disability of franchisee	Section 9.3	Decedent's (or disabled person's) executor, heir, successor or legal representative must apply for Counselor's consent to transfer within 60 days after death or incapacity, and comply with transfer provisions of Franchise Agreement
q. Non-competition covenants during the term of the franchise	Section 7.2	No direct or indirect involvement in any different or competing real estate brokerage service business within 50 miles of Office; no solicitation of agents, employees or independent
Provision	Section(s) in Franchise or Other Agreement	Summary contractors of Counselor or any of Counselor's franchisees
r. Non-competition covenants after the franchise is terminated or expires	7.2	No solicitation of agents, employees or independent contractors of Counselor or any of Counselor's franchisees for 24- months post-termination
s. Modification of the agreement	Section 13.2	No modifications generally but Franchise Policy Guidelines and licensed Marks subject to change by Counselor
t. Integration/merger clause	Section 13.1	Only the terms of the Franchise Agreement are binding on Counselor
u. Dispute resolution by arbitration or mediation	Section 10.1	Most disputes are resolved by individual binding arbitration conducted in Minneapolis, Minnesota
v. Choice of forum	Not applicable	Not applicable
w. Choice of law	Section 13.2	Minnesota law applies (except Minnesota Franchises Law applies only to franchisees whose principal place of business is located in Minnesota and to whom Minnesota Franchise Act applies by its own terms)
	Provision	Section(s) in Franchise or Other Agreement
j.	Assignment of contract by franchisor	Section 9.4
k.	"Transfer" by franchisee definition	Section 9.1
l.	Franchisor approval of transfer by franchisee	Section 9.1
m.	Conditions for franchisor approval of transfer	Sections 9.1, 9.2
n.	Franchisor's right of first refusal to acquire franchisee's business	Section 9.6
o.	Franchisor's option to purchase franchisee's business	Not applicable
p.	Death or disability of franchisee	Section 9.3
q.	Non-competition covenants during the term of the franchise	Section 7.2
	Provision	Section(s) in Franchise or Other Agreement	Summary contractors of Counselor or any of Counselor's franchisees
----	---------------------------------------------------------------------------------	-----------------------------------------------	------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

r.	Non-competition covenants after the franchise is terminated or expires	7.2	No solicitation of agents, employees or independent contractors of Counselor or any of Counselor's franchisees for 24- months post-termination
s.	Modification of the agreement	Section 13.2	No modifications generally but Franchise Policy Guidelines and licensed Marks subject to change by Counselor
t.	Integration/merger clause	Section 13.1	Only the terms of the Franchise Agreement are binding on Counselor
u.	Dispute resolution by arbitration or mediation	Section 10.1	Most disputes are resolved by individual binding arbitration conducted in Minneapolis, Minnesota
v.	Choice of forum	Not applicable	Not applicable
w.	Choice of law	Section 13.2	Minnesota law applies (except Minnesota Franchises Law applies only to franchisees whose principal place of business is located in Minnesota and to whom Minnesota Franchise Act applies by its own terms)