Under what name must an Engel & Volkers franchisee operate its Residential Real Estate Brokerage?
Engel_Volkers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 6.9 Operations Under the ENGEL & VÖLKERS Name: Franchisee hereby agrees to operate its Residential Real Estate Brokerage for the types of property covered by this Agreement solely under the ENGEL & VÖLKERS trade name (as defined in Section 4.5 and Appendix 1).
Franchisee's company
will operate under the name set forth in the summary attached as Appendix 1.Franchisee shall place a conspicuous notice on or near the front entrance of its Residential Real Estate Brokerage that clearly states: "[NAME OF FRANCHISEE] IS AN INDEPENDENTLY OWNED AND OPERATED FRANCHISED BUSINESS" or any modification of this statement as Franchisor may require in the System Documentation ("the Disclaimer"). Franchisee must include the Disclaimer in all dealings with customers, contractors, suppliers, public officials, members of the public, and on all signage, business cards, stationery, promotional and advertising materials, online communications, real estate documents and all other materials it uses. Franchisee shall obtain such fictitious or assumed name registrations as may be required under applicable law or as may be required by Franchisor to distinguish itself from Franchisor. Franchisee must obtain Franchisor's written approval before using, registering or changing any assumed name or trade name. Franchisee may not publicly announce any assumed name/trade name until such name has been approved in writing by Franchisor. Any assumed name/trade name listed in Appendix 1 is deemed approved as of the Effective Date. If permission is granted to use the names ENGEL & VÖLKERS**®, ENGEL & VOLKERS, ENGEL & VOELKERS, E&V®**, EV, EV Real Estate, E&V Real Estate or any other similar name in Franchisee's legal name or any fictitious or assumed name, Franchisee must promptly remove that name from its legal name, or if applicable, promptly terminate the fictitious or assumed name registration, upon termination or expiration of this Agreement. While it is the parties' intention that Franchisee will operate under the same trade name and assumed name throughout the Term, Franchisor reserves the right to require Franchisee to change its trade name and assumed name, if in Franchisor's opinion the existing trade name or assumed name causes, or is likely to cause, confusion among consumers as to the relationship between Franchisor or another franchisee, about the area serviced by Franchisee, or similar matters. The cost of changing trade name or assumed name will be borne by Franchisee, provided that Franchisor will endeavor to keep such expenses as low as reasonably possible.
Source: Item 22 — CONTRACTS (FDD page 88)
What This Means (2025 FDD)
According to Engel & Volkers' 2025 Franchise Disclosure Document, a franchisee must operate its Residential Real Estate Brokerage solely under the Engel & Volkers trade name for the types of property covered by the franchise agreement. The specific definition of the Engel & Volkers trade name is detailed in Section 4.5 and Appendix 1 of the agreement.
While franchisees operate under the Engel & Volkers trade name, they must also include a disclaimer. This disclaimer, which states "[NAME OF FRANCHISEE] IS AN INDEPENDENTLY OWNED AND OPERATED FRANCHISED BUSINESS," must be conspicuously placed near the front entrance of the brokerage. The disclaimer must also appear in all dealings with customers, contractors, suppliers, public officials, and on all signage, business cards, promotional materials, online communications, and real estate documents.
Engel & Volkers franchisees must secure any necessary fictitious or assumed name registrations required by law or by Engel & Volkers to differentiate themselves from the franchisor. Any assumed name or trade name listed in Appendix 1 is considered approved as of the effective date of the franchise agreement. Franchisees must obtain written approval from Engel & Volkers before using, registering, or changing any assumed name or trade name, and cannot publicly announce any assumed name until it has been approved in writing by Engel & Volkers.
Engel & Volkers retains the right to require a franchisee to change its trade name or assumed name if it causes confusion among consumers regarding the relationship between Engel & Volkers, other franchisees, or the area serviced by the franchisee. The franchisee bears the cost of changing the trade name or assumed name, although Engel & Volkers will try to keep such expenses as low as reasonably possible.