How long does a Counselor Realty franchisee have to cure a breach after receiving notice of termination?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) We may terminate for good cause if you perform any intentional, material, repeated or continuous breach of this Agreement. We must provide you with 60 days' written notice of termination, specifying the cause for termination. Except as provided below, you shall have 30 days from delivery of notice to cure the breach (except in the case of non-payment of sums due, in which case you shall have seven days to cure the breach). If you fail to do so this Agreement shall terminate on expiration of the 60-day notice period.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, a franchisee typically has 30 days to cure a breach after receiving written notice of termination. This 30-day cure period applies to most breaches of the franchise agreement. However, there is a notable exception: if the breach involves non-payment of sums due to Counselor Realty, the franchisee only has seven days to cure the breach.
Counselor Realty must provide the franchisee with 60 days' written notice of termination, specifying the cause for termination. The franchise agreement will terminate at the end of this 60-day period if the franchisee fails to cure the breach within the applicable cure period (30 days for most breaches, 7 days for non-payment).
It is important for prospective Counselor Realty franchisees to understand these termination and cure provisions, as failure to cure a breach within the specified timeframe can result in the termination of the franchise agreement and loss of the franchise. Franchisees should also be aware of the specific actions or omissions that could lead to termination, as outlined in the franchise agreement.