factual

Does the agreement intend to invoke any franchise law of any state that would not otherwise apply to Engel & Volkers?

Engel_Volkers Franchise · 2025 FDD

Answer from 2025 FDD Document

Nothing in this Agreement is intended to invoke the application of any franchise, business opportunity, antitrust, "implied covenant", unfair competition, fiduciary or any other doctrine of law of the State of New York or any other state, which would not otherwise apply.

Source: Item 23 — RECEIPTS (FDD pages 88–302)

What This Means (2025 FDD)

According to Engel & Volkers' 2025 Franchise Disclosure Document, the agreement explicitly states that it is not intended to invoke the application of any franchise law of any state that would not otherwise apply. The agreement is to be governed, construed, and interpreted in accordance with the laws of the State of New York, without regard to its conflicts of law principles. This means that the contractual relationship between the franchisee and Engel & Volkers will be interpreted under New York law.

This provision aims to ensure that no unintended legal obligations are imposed on either party due to franchise laws of other states that might have some connection to the franchisee's location or operations. By specifying New York law, Engel & Volkers seeks to create a uniform and predictable legal environment for all its franchise agreements, regardless of where the franchisee is located.

For a prospective Engel & Volkers franchisee, this clause provides clarity and predictability regarding the legal framework governing their relationship with the franchisor. It reduces the risk of facing unexpected legal claims or obligations arising from the franchise laws of their own state or any other state. However, franchisees should be aware that while the agreement is governed by New York law, they must still comply with all applicable federal, state, and local laws and regulations in the jurisdiction where they operate their Engel & Volkers franchise.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.