In Minnesota, can an Engel & Volkers franchisee consent to the franchisor obtaining injunctive relief?
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 may seek injunctive relief in Minnesota. The court will determine if a bond is required.
This means that while Engel & Volkers retains the right to pursue injunctive relief against a franchisee in Minnesota, the franchisee cannot be forced to agree in advance to such an action. This protects the franchisee from being compelled to consent to an injunction, ensuring that the matter is subject to judicial review.
This provision is specific to Minnesota and reflects the state's franchise laws aimed at protecting franchisees. Prospective Engel & Volkers franchisees in Minnesota should be aware of this protection, as it prevents them from being contractually obligated to accept injunctive relief without a court's determination.