factual

What specific services does Engel & Volkers grant franchise agreements for in the United States?

Engel_Volkers Franchise · 2025 FDD

Answer from 2025 FDD Document

and competitive factors and risks, has read Franchisor's Franchise Disclosure Document, and has not relied on any representations not set forth in this Agreement. Aware of the relevant facts, Franchisee desires to enter into this Agreement to obtain a franchise to use the ENGEL & VÖLKERS System to operate a residential real estate brokerage at the Approved Location. Franchisee agrees that it will bear the financial risk involved in operation of the real estate brokerage.

2. Nature of Franchise

  • 2.1 Grant of Franchise: Subject to the terms of this Agreement, Franchisor hereby grants to Franchisee the non-exclusive right to establish and operate an ENGEL & VÖLKERS® residential real estate brokerage at the Approved Location for the provision of real estate brokerage services with respect to residential properties of the type permitted under Section 2.2 using the ENGEL & VÖLKERS System and Trademarks (the "Residential Real Estate Brokerage").
  • 2.2 Types of Property: Franchisee may provide real estate brokerage services only for residential properties consisting of a house or building (including an apartment within a multi-family building) or undeveloped land, including leaseholds, vacation and resort residential units, cooperatives, condominiums, and any other form of real estate for which a residential real estate brokerage license is required under applicable law.

Although this Agreement is granting a franchise for a Residential Real Estate Brokerage, Franchisee may also provide real estate brokerage services for commercial properties under the residential Trademarks, provided: (i) the commercial real estate brokerage services are offered as a service ancillary to the provision of real estate brokerage services for residential properties, (ii) Franchisee does not hold itself out as providing commercial real

estate brokerage services as its principal business or as being a stand-alone provider solely of commercial services, and (iii) Franchisee's aggregate listings on a unit basis of commercial properties does not exceed five percent (5%) of all its listings in any calendar year during the term of Franchisee's agreement ("Permitted Commercial Services"). For purposes of clarity, the definition of Permitted Commercial Services does not provide Franchisee with a right to conduct business under any other Trademarks, other than the residential Trademarks.

2.3 Protected Area: Subject to the restrictions set forth in this Agreement, during the Term of this Agreement, if Franchisee is not in default under this Agreement, Franchisee will have exclusivity with regard to its Residential Real Estate Brokerage in an area defined by U.S. postal zip codes (hereinafter called the "Protected Area"). The Protected Area and the geographic scope of the U.S. postal zip codes used to define it will be determined as of the Effective Date. Franchisee acknowledges that it will not be considered a violation of this Agreement if, after execution of this Agreement, the protection afforded is altered by acts beyond Franchisor's control (e.g., changes in the U.S. postal zip codes). Should Franchisor grant Franchisee a franchise for multiple physical locations the size of the Protected Area will reflect the parties' intent that Franchisee operate multiple physical locations.

Source: Item 22 — CONTRACTS (FDD page 88)

What This Means (2025 FDD)

According to the 2025 Engel & Volkers Franchise Disclosure Document, the franchise agreement grants franchisees the right to operate a residential real estate brokerage. This allows franchisees to provide real estate brokerage services for residential properties, including houses, buildings, apartments, undeveloped land, leaseholds, vacation and resort residential units, cooperatives, and condominiums. The franchise operates under the Engel & Volkers system and trademarks.

Engel & Volkers franchisees may also offer real estate brokerage services for commercial properties, but only as an ancillary service to their residential real estate business. The franchisee cannot present themselves primarily as a commercial real estate brokerage, and their commercial property listings must not exceed 5% of their total listings in any calendar year. This provision ensures that the focus remains on residential properties while allowing franchisees to cater to some commercial needs.

The agreement also specifies that Engel & Volkers reserves all rights not explicitly granted to the franchisee. This means that Engel & Volkers can operate or franchise a real estate brokerage under its trademarks outside the franchisee's protected area, or operate a commercial real estate brokerage within the protected area, except for the limited commercial services the franchisee is permitted to offer. This reservation of rights allows Engel & Volkers to expand its brand and services without being restricted by individual franchise agreements, maintaining flexibility in its business operations.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.