What representation and warranty is made when signing the Counselor Realty Franchise Agreement?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
PLEASE INDICATE YOUR ACCEPTANCE BY SIGNING AND RETURNING THIS COPY OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO EXECUTE THIS AGREEMENT FOR THE FRANCHISEE.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to the 2025 Counselor Realty Franchise Disclosure Document, when signing the Franchise Agreement, you represent and warrant that you are authorized to execute the agreement for the franchisee. This means that the person signing on behalf of the franchisee has the legal authority to bind the franchisee to the terms and conditions outlined in the agreement. This is a standard clause in franchise agreements to ensure that the agreement is legally enforceable.
For a prospective Counselor Realty franchisee, this implies that if the franchisee is a corporation, partnership, or other entity, the person signing the agreement must have the proper authorization, such as being an officer of the corporation or a general partner of the partnership. Counselor Realty also requires that if the franchisee is a corporation or other entity, each person who is or becomes a stockholder or owner must sign the agreement.
It is important for the franchisee to ensure that the person signing the agreement has the necessary authority to do so, as a lack of authorization could render the agreement unenforceable. This representation and warranty is a critical component of the agreement, as it establishes the legal basis for the relationship between Counselor Realty and the franchisee. Prospective franchisees should carefully review the signature requirements and ensure compliance to avoid any potential legal issues.