In North Dakota, is the waiver of trial by jury permitted for Engel & Volkers franchises?

According to Engel & Volkers' 2025 Franchise Disclosure Document, a waiver of trial by jury is prohibited by law in the State of North Dakota. This means that any clause within the standard Engel & Volkers franchise agreement that might suggest or require a franchisee to waive their right to a jury trial is unenforceable in North Dakota.

This protection is explicitly stated in an addendum to the FDD specifically for North Dakota franchises. The addendum clarifies that Section 27.4 of the Franchise Agreement, which presumably contains the jury trial waiver, is deleted in its entirety for North Dakota franchisees. This ensures that Engel & Volkers franchisees in North Dakota retain their right to a trial by jury, regardless of what the standard franchise agreement may state.

For a prospective Engel & Volkers franchisee in North Dakota, this is a significant protection. It means that in the event of a dispute with Engel & Volkers that leads to litigation, the franchisee has the right to have their case decided by a jury of their peers, rather than solely by a judge. This can be particularly important in complex cases where a jury might be more sympathetic to the franchisee's situation.