How will Counselor Realty notify a franchisee of a Territory Opportunity?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
provided, however, that if Counselor proposes to license another to establish or operate a "Counselor Office" with a territory that would include the location where such Extension Office is located (a "Territory Opportunity"), we will provide you with a right of first refusal for such Territory Opportunity on the following terms: (i) we will provide you with written notice of a Territory Opportunity, and you will have 30 days to advise us in writing that you wish to participate in the Territory Opportunity; (ii) if you do not notify us within such period, then we may pursue such Territory Opportunity and/or grant any other person or entity the right to participate in such Territory Opportunity without any liability to you; and (iii) if you timely notify us in writing that you wish to participate in the Territory Opportunity, then we may condition your participation on compliance with such terms and conditions as we consider appropriate to the particular Territory Opportunity, including: (a) execution of such franchise agreement and related agreements as are then generally used by us in connection with the award of the applicable Territory Opportunity; (b) timely payment of all initial fees and any other fees charged by us or our affiliate in connection with the award or grant of the applicable Territory Opportunity; and (c) meeting our then-current eligibility requirements applied by us to candidates for such Territory Opportunity.
Source: Item 12 — TERRITORY (FDD pages 21–23)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, if Counselor Realty intends to license another party to establish a Counselor Realty office with a territory that includes the location of a franchisee's Extension Office (referred to as a "Territory Opportunity"), the franchisee will be granted a right of first refusal.
To initiate this process, Counselor Realty will provide the franchisee with written notice of the Territory Opportunity. Upon receiving this notice, the franchisee has 30 days to inform Counselor Realty in writing whether they wish to participate in the Territory Opportunity. If the franchisee does not respond within this 30-day period, Counselor Realty is free to pursue the Territory Opportunity with another party without any obligation to the franchisee.
If the franchisee expresses interest in writing within the stipulated timeframe, Counselor Realty may impose certain conditions for the franchisee's participation. These conditions can include the execution of franchise agreements and related documents that are standard for such opportunities, timely payment of all initial and other applicable fees, and meeting the then-current eligibility requirements that Counselor Realty applies to all candidates for the Territory Opportunity.