Does Counselor Realty have sole discretion in determining the amount of the Mobile App Fee?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
5.6 Mobile App Fees. Mobile app setup is optional except for the 11 county metropolitan area of the Twin Cities of Minneapolis and St. Paul, Minnesota (including the Counties of Scott, Wright, Isanti, Dakota, Anoka, Hennepin, Washington, Carver, Ramsey, Sherburne and Chisago). If your Office (or any Additional Office or Extension Office) is located in one of the aforementioned counties, or if you elect to utilize the Mobile App, you must pay us a Mobile App Fee equal to the costs incurred by Counselor to initiate and continue your Mobile App service, including one-time setup fees and monthly data/phone fees. The amount of the Mobile App Fee may be increased during the term of this Agreement by Counselor from time to time in its sole discretion. At the beginning of each month, we will send you an invoice for the amount of the Mobile App Fee you owe us for the prior month, and you must pay us the amount of such Mobile App Fee on or before the 20th day of such month.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, Counselor Realty has sole discretion in determining the amount of the Mobile App Fee. The FDD states that if a franchisee's office is located in the 11-county metropolitan area of the Twin Cities of Minneapolis and St. Paul, Minnesota, or if the franchisee elects to utilize the Mobile App, they must pay a Mobile App Fee. This fee is equal to the costs incurred by Counselor Realty to initiate and continue the franchisee's Mobile App service, including one-time setup fees and monthly data/phone fees.
The FDD specifies that Counselor Realty may increase the Mobile App Fee during the term of the Franchise Agreement. Franchisees will receive a monthly invoice for the Mobile App Fee, which must be paid by the 20th day of the month.
This means that Counselor Realty franchisees could see this fee increase at any time during the agreement. It is important to note that the mobile app setup is optional for all locations outside of the 11-county Minneapolis-St. Paul metro area.