factual

Does the Remax Borrower have the right to a jury trial regarding the Promissory Note?

Remax Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (e) THE BORROWER IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY RELATING TO THIS PROMISSORY NOTE OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY.

Source: Item 22 — Contracts (FDD pages 108–334)

What This Means (2025 FDD)

According to the 2025 Remax Franchise Disclosure Document, the Borrower irrevocably waives their right to a trial by jury in any legal proceeding directly or indirectly relating to the promissory note. This waiver extends to any transactions contemplated by the note, regardless of whether the legal proceeding is based on contract, tort, or any other legal theory.

This means that if a Remax franchisee (as Borrower) has a dispute with RE/MAX Integrated Regions, LLC (as Holder) concerning the promissory note, the franchisee cannot demand a jury trial to resolve the dispute. The case would be heard and decided by a judge. This is a significant legal right that is being waived, as a jury trial can sometimes be more favorable to a borrower depending on the specific facts and circumstances of the case.

It is important for a prospective Remax franchisee to understand the implications of this waiver before signing the promissory note. They should consider consulting with an attorney to discuss the potential risks and benefits of waiving their right to a jury trial. This clause is relatively standard in commercial contracts, but franchisees should be aware of its presence and impact.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.