For Remax, what are the acceptable methods for delivering notices or reports required under the agreement?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
11.3 Notices. Any notice or report required to be given to or from a party or under this Agreement will be considered given (a) when delivered in person or by courier to the other party; or (b) on the fifth calendar day after a party sends it by certified mail, return receipt requested to the other party. An e-mail communication giving notice or sending a report also will be considered given under this Section 11 on the condition that the party's representative who receives the notice or report gives the sending party its prior written acknowledgement to receive the notice or report by e-mail communication and confirms that it received the notice or report by replying to the sending party's e-mail communication. All notices or reports required to be given under this Agreement must be given by one of these methods.
Y. NOTICES AND PAYMENTS.
All written notices and reports permitted or required to be delivered by the provisions of this Agreement shall be deemed delivered at the time delivered by hand to the recipient party; 1 business day after transmission by electronic mail; 1 business day after being placed in the hands of a commercial courier service for overnight delivery, or 3 business days after placement in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid and addressed to the party to be notified at its most current principal business address of which the notifying party has been notified in writing.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, there are several acceptable methods for delivering notices or reports. One method is delivery in person or by courier. Another is sending the notice or report by certified mail, return receipt requested, with it being considered given on the fifth calendar day after sending. Additionally, an e-mail communication giving notice or sending a report is acceptable, provided the receiving party's representative gives prior written acknowledgment to receive notices or reports by e-mail and confirms receipt by replying to the sending party's e-mail.
Another section of the FDD states that written notices and reports can be delivered by hand to the recipient, one business day after transmission by electronic mail, one business day after being placed in the hands of a commercial courier service for overnight delivery, or three business days after placement in the United States Mail by Registered or Certified Mail, Return Receipt Requested, postage prepaid.
It is important for a prospective Remax franchisee to understand these methods to ensure they comply with the terms of the franchise agreement. Failure to properly deliver notices or reports could potentially lead to breaches of contract or other issues with Remax. Franchisees should confirm the most current and preferred methods of communication with Remax during their due diligence process.