Does the Engel & Volkers warranty exclude implied warranties of merchantability or fitness?

According to Engel & Volkers' 2025 Franchise Disclosure Document, the warranty associated with sales by Engel & Volkers or its affiliates excludes other warranties not explicitly stated. This exclusion encompasses all other warranties, whether express or implied by law, including any implied warranties of merchantability or fitness. This means that Engel & Volkers does not guarantee that the products are suitable for a particular purpose beyond what is explicitly stated in the warranty.

Specifically, Engel & Volkers only warrants that it has the right to grant the Integrated Product Suite license to the franchisee. Beyond this, the Integrated Product Suite and Licensed Materials are provided "AS IS" without any additional warranties, either express or implied. Engel & Volkers also does not guarantee that the operation of the Integrated Product Suite or the use of licensed materials will be uninterrupted or error-free, nor that any defects will be corrected.

This disclaimer has significant implications for prospective franchisees. If the Integrated Product Suite or Licensed Materials are defective or do not perform as expected, the franchisee may not have recourse against Engel & Volkers beyond the explicit warranty provided. Franchisees should carefully consider this limitation of liability and assess the potential risks associated with the performance of the Integrated Product Suite and Licensed Materials before investing in the franchise. It is common practice in franchising to limit warranties, but franchisees should understand the scope and implications of these limitations.