Does Counselor Realty have sole discretion in determining how leads are distributed?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
Leads created off Counselor Realty, Inc.'s website for listings in the region where your franchised office is located will be provided and directed to your Office; provided, however, that if the lead is for a listing that is listed by one of our franchisee's agents or one of Counselor Realty, Inc.'s agents, such lead will be directed to such agent, if that agent has elected to create a Counselor Realty web page/subdomain. If there is more than one franchisee in the region (distinct areas served by the same MLS system, or its equivalent), those leads will be shared and/or split between the affected franchisees, as determined by Counselor in its sole discretion. We may take into account office locations, number of agents, types of leads or any other rational means to distribute leads.
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 how leads are distributed among franchisees in the same region. Leads generated from Counselor Realty's website for listings within a franchisee's region will be directed to that franchisee's office. However, if the lead is for a listing by an agent who has created a Counselor Realty webpage or subdomain, the lead will be directed to that agent.
If multiple franchisees operate in the same region, defined as areas served by the same MLS system or its equivalent, Counselor Realty will share or split leads between the affected franchisees. The method of sharing or splitting these leads is determined by Counselor Realty in its sole discretion.
In determining how to distribute leads, Counselor Realty may consider factors such as office locations, the number of agents in each office, the types of leads, or any other rational means. This gives Counselor Realty considerable flexibility in deciding how leads are allocated, which could impact a franchisee's potential business volume.