Who has the sole discretion to extend the deadline for opening a Counselor Realty office?
Counselor_Realty Franchise · 2025 FDDAnswer from 2025 FDD Document
You must select a site for your Office within 180 days after you sign this Agreement. After you notify us of a proposed site for your Office, we will have 30 days to review the site and to notify you whether or not we consent to your operation of the Business at that site. If we reject the site you propose, you will have an additional 60 days to locate a site that is acceptable to us. If you fail to do so, this Agreement will automatically terminate and we will refund your Initial Franchise Fee, less our expenses associated with reviewing the proposed site(s). After we consent to an Office site you propose (if at all), you must open your Business at that site within six months. If you fail to do so, this Agreement will automatically terminate and your Initial Franchise Fee will not be refunded. We may, in our sole discretion, grant extensions of the deadlines described above. Our consent to a site is not a guarantee or assurance as to the availability, suitability or prospects of an Office or Business.
Source: Item 22 — CONTRACTS (FDD page 32)
What This Means (2025 FDD)
According to Counselor Realty's 2025 Franchise Disclosure Document, Counselor Realty has the sole discretion to grant extensions of the deadlines for site selection and opening the business. Specifically, after Counselor Realty consents to a site, the franchisee typically has six months to open their Counselor Realty business. Failure to open within this timeframe can lead to termination of the Franchise Agreement, and the initial franchise fee will not be refunded.
This discretion means that while franchisees are expected to adhere to the initial timelines for site selection and opening, Counselor Realty can provide additional time if unforeseen circumstances arise. However, it is not guaranteed.
For a prospective franchisee, this clause offers a degree of flexibility but also highlights the importance of thorough planning and preparation to meet the initial deadlines. Franchisees should communicate proactively with Counselor Realty if they anticipate any delays to understand the possibility of obtaining an extension and what factors Counselor Realty might consider in granting one.