factual

Does the Engel & Volkers franchise agreement prohibit franchisees from being directly or indirectly owned or controlled by the government of any country that is subject to an embargo imposed by the United States government?

Engel_Volkers Franchise · 2025 FDD

Answer from 2025 FDD Document

for compliance, at Franchisee's sole expense, with all governmental or quasigovernmental requirements, restrictions, duties and responsibilities.

  • 26.11.4 Franchisee shall notify Franchisor in writing within five (5) days of the commencement of any action, suit, or proceeding, and of the issuance of any order, writ, injunction, award, or decree of any court, agency, or other governmental instrumentality, which may adversely affect the operation or financial condition of Franchisee.
  • 26.11.5 Franchisee and its Principals understand the requirements of, and will abide by, all United States government economic sanctions requirements throughout the Term. Franchisee and its Principals represent and warrant that neither Franchisee nor any of its direct or indirect Principals, shareholders, owners, directors, managers, affiliates, employees or agents, nor any funding source Franchisee utilizes, is or will be identified on the list of the U.S. Treasury's Office of Foreign Assets Control (OFAC) or is or will be a person subject to trade restrictions under United States law, including (without limitation) the International Emergency Economic Powers Act, 50 U.S.C. §§ 1701 et seq., the Trading with the Enemy Act, 50 U.S.C. App. 1 et seq., or any Executive Orders or regulations promulgated thereunder (including Executive Order 13224 of September 24, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, and the Specially Designated Nationals and Blocked Persons List), the Patriot Act, or any other law, rule or regulation pertaining to immigration or terrorism ("Anti-Terrorism Laws"); is directly or indirectly owned or controlled by the government of any country that is subject to an embargo imposed by the United States government or by any individual that is subject to an embargo imposed by the United States government; is acting on behalf of any country or individual that is subject to such an embargo; or, is involved in business arrangements or other transactions with any country or individual that is subject to an embargo. Franchisee agrees to immediately notify Franchisor in writing upon the occurrence of any event which would render the foregoing representations and warranties incorrect.

Source: Item 22 — CONTRACTS (FDD page 88)

What This Means (2025 FDD)

According to Engel & Volkers' 2025 Franchise Disclosure Document, the franchise agreement prohibits franchisees from being directly or indirectly owned or controlled by the government of any country that is subject to an embargo imposed by the United States government. Engel & Volkers also requires franchisees to comply with all United States government economic sanctions requirements throughout the term of the agreement. Franchisees must also operate their franchised business in strict compliance with all applicable laws, rules, and regulations of all governmental authorities.

Engel & Volkers franchisees must also represent and warrant that neither the franchisee nor any of its direct or indirect principals, shareholders, owners, directors, managers, affiliates, employees, or agents, nor any funding source the franchisee utilizes, is or will be identified on the list of the U.S. Treasury's Office of Foreign Assets Control (OFAC) or is or will be a person subject to trade restrictions under United States law. This includes (without limitation) the International Emergency Economic Powers Act, the Trading with the Enemy Act, or any Executive Orders or regulations promulgated thereunder (including Executive Order 13224 of September 24, 2001 Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism, and the Specially Designated Nationals and Blocked Persons List), the Patriot Act, or any other law, rule or regulation pertaining to immigration or terrorism.

These stipulations ensure that Engel & Volkers adheres to U.S. laws and regulations regarding international trade and security. For a prospective franchisee, this means they must ensure that their ownership, funding sources, and business practices are fully compliant with these regulations. Failure to comply could result in a breach of the franchise agreement and potential legal consequences. Franchisees must also notify Engel & Volkers immediately in writing if any event occurs that would render these representations and warranties incorrect.

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.