How will Counselor Realty provide notice of a Territory Opportunity?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
If Counselor has consented to any Extension Office, you will not receive any territorial protections with respect to such Extension Office.
Both Counselor and other "Counselor" licensees may provide residential and commercial real estate brokerage services anywhere near such
Extension Office. In addition, Counselor may itself establish or operate a "Counselor" office, or license another to establish or operate a "Counselor" office, anywhere near such Extension Office; 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: (i) 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; (ii) 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 (iii) meeting our then-current eligibility requirements applied by us to candidates for such Territory Opportunity.
Source: Item 22 — CONTRACTS (FDD page 32)
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 in a territory that includes an existing franchisee's Extension Office location, they will provide the existing franchisee with a right of first refusal for that Territory Opportunity.
Specifically, Counselor Realty will provide the franchisee with written notice of the Territory Opportunity. The franchisee then has 30 days to notify Counselor Realty in writing if 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 opportunity with another party without any liability to the existing franchisee.
If the franchisee does express interest in writing within the 30-day window, Counselor Realty may then set terms and conditions for the franchisee's participation. These conditions can include the execution of franchise agreements, timely payment of initial and other fees, and meeting Counselor Realty's current eligibility requirements for the Territory Opportunity.