If an Engel & Volkers franchisee consents to the conversion of an involuntary proceeding to a voluntary proceeding under bankruptcy law, what happens to the franchise agreement?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
Bankruptcy Code or any other applicable federal or state bankruptcy, insolvency, reorganization, receivership or other similar law now or hereafter in effect, or consent to the entry for an order for relief in an involuntary proceeding or to the conversion of an involuntary proceeding to a voluntary proceeding, under any such law; a bill in equity or other proceeding for the appointment of a receiver or other custodian of Franchisee, the franchised Business, or any affiliate or Guarantor of the franchised Business, or the assets of any of them, is filed and consented to by Franchisee; a receiver or other custodian (permanent or temporary) of all or part of the assets or property of Franchisee, the franchised Business and any affiliate or Guarantor of the franchised Business is appointed by any court of competent jurisdiction; proceedings for a composition with creditors under any federal or state law are instituted by or against Franchisee, the franchised Business or any affiliate or Guarantor thereof; Franchisee, any affiliate of Franchisee or any Guarantor are dissolved; execution is levied against Franchisee, the franchised Business, any affiliate or Guarantor thereof and/or the property of any of the foregoing; the property of the franchised Business is sold after levy thereon by any governmental body or agency, sheriff, marshal or other person authorized under federal, state and/or local law; or, if Franchisee is a business entity, its governing body adopts any resolution or otherwise authorizes action to approve any of the foregoing activities.
- 20.3 Termination by Franchisor Without Opportunity to Cure: Franchisee shall be deemed to be in default under this Agreement, and Franchisor may, at its option, terminate this Agreement and all rights granted herein effective immediately or reduce or eliminate the Protected Area by written notice to Franchisee, without giving Franchisee an opportunity to cure the default, if Franchisee either:
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, if a franchisee consents to the conversion of an involuntary proceeding to a voluntary proceeding under bankruptcy law, Engel & Volkers has the option to terminate the franchise agreement. In this case, Engel & Volkers can terminate the agreement and all rights granted to the franchisee immediately without providing an opportunity to cure the default. Alternatively, Engel & Volkers can reduce or eliminate the Protected Area of the franchisee by written notice.
This clause in the franchise agreement protects Engel & Volkers from the risks associated with a franchisee's financial instability. Bankruptcy proceedings can significantly impact a franchisee's ability to uphold their obligations, potentially harming the Engel & Volkers brand and system. By including this provision, Engel & Volkers retains the right to sever ties with a franchisee facing such difficulties, mitigating potential damage.
For a prospective Engel & Volkers franchisee, this highlights the importance of maintaining financial stability. Entering into bankruptcy, even by consenting to a conversion, can have severe consequences for the franchise agreement. Franchisees should carefully consider the financial risks associated with operating the franchise and ensure they have adequate resources to manage their business effectively and avoid financial distress.