Does Counselor Realty have sole discretion in granting extensions for site selection?
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 the 2025 FDD, Counselor Realty retains sole discretion in granting extensions for site selection. A franchisee must select a site for their office within 180 days of signing the Franchise Agreement. After the franchisee notifies Counselor Realty of a proposed site, Counselor Realty has 30 days to review and notify the franchisee whether they consent to the site. If the proposed site is rejected, the franchisee has an additional 60 days to find an acceptable site.
If the franchisee fails to select a site within the specified timeframes, the Franchise Agreement will automatically terminate, and Counselor Realty will refund the Initial Franchise Fee, less any expenses associated with reviewing the proposed sites. After Counselor Realty approves a site, the franchisee must open their business at that location within six months. Failure to do so will result in the termination of the Franchise Agreement, and the Initial Franchise Fee will not be refunded.
However, Counselor Realty may, at its sole discretion, grant extensions to these deadlines. This means that the franchisee's ability to obtain more time for site selection or opening their business depends entirely on Counselor Realty's decision. Counselor Realty's consent to a site does not guarantee its availability, suitability, or business prospects.