factual

What must the Engel & Volkers franchisee assure regarding the general appearance of its Residential Real Estate Brokerage after de-branding?

Engel_Volkers Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 21.1.10 assure that the general appearance of its Residential Real Estate Brokerage and its marketing and advertising materials as prescribed by the ENGEL & VÖLKERS System, whether in print or online, after de-branding / de-identifying it in accordance with Sections 21.1.2 through 21.1.8, do not appear to the general public as significantly similar in design elements to the design elements used in the ENGEL & VÖLKERS System and its Trademarks;

Source: Item 22 — CONTRACTS (FDD page 88)

What This Means (2025 FDD)

According to Engel & Volkers' 2025 Franchise Disclosure Document, after de-branding, a franchisee must ensure that the general appearance of its Residential Real Estate Brokerage and its marketing and advertising materials, whether in print or online, do not appear significantly similar in design elements to those used in the Engel & Volkers system and its trademarks. This applies after the franchisee has de-branded or de-identified the brokerage in accordance with specific sections outlined in the franchise agreement.

This requirement is in place to prevent confusion among the general public and to protect Engel & Volkers' brand identity. By ensuring that the design elements are sufficiently different, the franchisee avoids any implication that the de-branded brokerage is still affiliated with Engel & Volkers. This is a standard practice in franchising, as franchisors need to protect their brand and avoid consumer confusion when a franchise agreement ends.

Failure to comply with this obligation could lead to legal repercussions and potential damages. Engel & Volkers retains the right to ensure compliance and can take action to modify the former franchise location at the franchisee's expense if the franchisee does not meet these requirements after due notice. Additionally, the franchisee is prohibited from identifying themselves as a former Engel & Volkers franchisee to third parties, further emphasizing the separation between the franchisee and the Engel & Volkers brand after termination or expiration of the franchise agreement.

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.