Can an Engel & Volkers franchisee consent to the franchisor obtaining injunctive relief in Minnesota?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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- The franchisee cannot consent to the franchisor obtaining injunctive relief. The franchisor may seek injunctive relief. See MINNESOTA RULES 2860.4400(J) also, a court will determine if a bond is required.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 63–71)
What This Means (2025 FDD)
According to the 2025 Engel & Volkers Franchise Disclosure Document, franchisees in Minnesota cannot consent to Engel & Volkers obtaining injunctive relief. However, Engel & Volkers is still able to seek injunctive relief in Minnesota. The court will determine if a bond is required. This stipulation is in accordance with MINNESOTA RULES 2860.4400(J).
This means that while Engel & Volkers retains the right to pursue injunctive relief against a franchisee in Minnesota, the franchisee cannot be compelled to agree in advance to such an action. This protects the franchisee from being forced into a position where they waive their rights or defenses related to injunctive relief.
This provision is specific to Minnesota and is designed to protect franchisees' rights within the state. Prospective Engel & Volkers franchisees in Minnesota should be aware of this protection, as it ensures they cannot be forced to consent to injunctive relief, maintaining their legal options and recourse in such situations.