What discretion does each Exit agent retain regarding soliciting listings and sales?
Exit Franchise · 2025 FDDAnswer from 2025 FDD Document
The Company agrees that they have no authority or right to direct or control an Agent's actions except where specifically required by law. Each Agent assumes and retains discretion for methods, techniques, and procedures in soliciting and obtaining listings and sales, and rentals or leases of listed property.
Sales Representative may obtain listings and/or other real estate related service contracts, solicit purchasers and/or lessees for all types of interests in and to real estate or for related services.
Any and all listings of real estate or of any interest in real estate and all other real estate related service contracts approved by EXIT [Trade Name] shall be taken in the name of EXIT [Trade Name], which shall be the broker of record for all such transactions.
Sales Representative shall immediately submit the listings and other real estate related service contracts to EXIT [Trade Name], and they shall become and remain exclusive property of EXIT [Trade Name].
Source: Item 23 — RECEIPT (FDD pages 42–235)
What This Means (2025 FDD)
According to Exit's 2025 Franchise Disclosure Document, Exit agents retain discretion over the methods, techniques, and procedures they use to solicit and obtain listings, sales, rentals, or leases of listed property. However, this discretion is not absolute. While Exit does not control an agent's actions, this is superseded by legal requirements.
Sales representatives with Exit may obtain listings and/or other real estate related service contracts, and solicit purchasers and/or lessees for all types of interests in and to real estate or for related services. Any and all listings of real estate or of any interest in real estate and all other real estate related service contracts approved by Exit must be taken in the name of Exit, which will be the broker of record for all such transactions. The sales representative must immediately submit the listings and other real estate related service contracts to Exit, and they become and remain exclusive property of Exit.
This means that while Exit agents have freedom in how they approach clients and secure listings, all listings and contracts ultimately belong to Exit, ensuring the brokerage maintains control and compliance. Prospective franchisees should understand that their independent actions are still governed by the brokerage's oversight and legal standards.