What representation is made by each person executing the Release on behalf of a party to Engel & Volkers?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Authority of Parties. Each person executing this Release on behalf of a party hereto warrants and represents that they are duly authorized to execute this Release on behalf of such party.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers's 2025 Franchise Disclosure Document, any person signing the Release on behalf of a party warrants and represents that they are authorized to execute the Release for that party. This means that the individual signing has the legal authority to bind the party (either the franchisee or Engel & Volkers) to the terms of the Release. This clause ensures that the Release is valid and enforceable.
This requirement is standard in franchise agreements to prevent disputes over the validity of the Release. If a person signs without proper authorization, the Release could be challenged in court, potentially leading to legal complications and financial risks for both the franchisee and Engel & Volkers. By including this representation, Engel & Volkers aims to ensure that all parties involved have the legal capacity to enter into the agreement.
For a prospective Engel & Volkers franchisee, this means ensuring that the person signing the Release (whether it's the franchisee themselves or an authorized representative) has the legal authority to do so. This may involve providing documentation or other proof of authorization. It is important to carefully review the Release and understand its implications before signing, as it can have significant legal consequences.