Does the non-compete apply to a Counselor Realty franchisee alone?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
- (d) During the term of this Agreement and for a period of twenty-four (24) months after it expires, is terminated or is transferred, you will not alone, or in any capacity
with another person or entity, within the United States and any other geographical area in which Counselor operates, solicit or cause to be solicited any person or entity that is (or was within the previous six (6) months) an agent, employee or independent contractor of Counselor or another Counselor franchisee, for the purpose of hiring or contracting such person or entity to work for you or any other party, or for the purpose of inducing them to leave such party's employment or contract with Counselor or another Counselor franchisee.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, the non-compete agreement applies to the franchisee alone or in conjunction with another entity. During the term of the Franchise Agreement, a franchisee cannot own interest in, work for, engage in, or assist any real estate brokerage service business other than Counselor Realty. This restriction applies within 50 miles of the franchised office, any additional office, or extension office, without prior written approval from Counselor Realty.
Following the termination, expiration, or transfer of the Franchise Agreement, the franchisee is restricted for 24 months. During this period, the franchisee cannot solicit any agent, employee, or independent contractor of Counselor Realty or another Counselor Realty franchisee. This restriction applies within the United States and any other geographical area in which Counselor Realty operates. The purpose of this is to prevent the franchisee from hiring or contracting these individuals to work for them or inducing them to leave their current employment or contract.
This non-compete clause ensures that franchisees focus solely on the Counselor Realty business during the agreement term and protects Counselor Realty's interests after the agreement ends. It prevents franchisees from using the knowledge and resources gained during their franchise term to unfairly compete with Counselor Realty or poach its personnel. Prospective franchisees should carefully consider these restrictions and their implications for future business ventures.