Besides the rights and remedies specifically granted in the Remax franchise agreement, what other avenues are available to Remax for exercising rights or remedies?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
F. TERMINATION NOT EXCLUSIVE REMEDY.
Termination of this Agreement by us shall not be an exclusive remedy and shall not in any way affect our rights, or the rights of REMAX, LLC, to receive or collect fees, dues or other amounts required to have been paid by you under this Agreement, to enforce the provisions of this Agreement against you or to sue for damages or to pursue any other legal or equitable remedy for a breach of this Agreement by you.
If you have received any Franchisee Incentives from REMAX Regional and you default in any of your material obligations under this Agreement, including but not limited to your failure to provide proper notice of your intent to renew in accordance with Section 2.E above, REMAX Regional reserves the right to terminate your eligibility for any and all such then-current and future Franchisee Incentives, even if you cure such default. If you fail to cure
any such default within the cure period provided in this Agreement, or if such default cannot be cured, or if you Abandon the Office, REMAX Regional reserves the right to require you on demand to repay any Franchisee Incentives that you received from REMAX Regional prior to such default.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, termination of the franchise agreement is not the exclusive remedy available to Remax or REMAX, LLC. This means that even if Remax terminates the agreement, it retains the right to pursue other avenues for recourse.
Specifically, Remax and REMAX, LLC can still collect any outstanding fees, dues, or other amounts owed by the franchisee under the agreement. They also maintain the right to enforce the provisions of the agreement and sue for damages resulting from a franchisee's breach. Furthermore, Remax can pursue any other legal or equitable remedy available to them.
Additionally, if a Remax franchisee receives any Franchisee Incentives from REMAX Regional and subsequently defaults on their obligations under the agreement, REMAX Regional has the right to terminate the franchisee's eligibility for current and future incentives. If the franchisee fails to cure the default within the specified cure period, or if the default cannot be cured, or if the franchisee abandons the office, REMAX Regional can demand repayment of any Franchisee Incentives previously received.