In the context of the agreement, what signatures are required from the Remax client, and what is the purpose of the Broker's signature?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisees are free under the RE/MAX System to develop such agreements and forms, including ICA forms, as they deem appropriate, so long as such documents do not undermine or adversely impact the rights and interests of the balance of the RE/MAX Network or expose others, including REMAX, LLC, to potential liability.
The Essential ICA Provisions
To preserve flexibility for those who may elect to create their own ICA rather than adapt REMAX, LLC's Model ICA for their use, REMAX, LLC has identified certain essential provisions ("Essential ICA Provisions") that are intended to preserve the reputation and goodwill associated with RE/MAX and protect and advance the interests of the entire RE/MAX Network. You are required to include these Essential ICA Provisions in every ICA or similar agreement you develop and use with your Sales Associates.
The Essential ICA Provisions do not pertain to or govern the day-to-day operation, management or activity of your Office, which is entirely determined by you in your own judgment; rather, the Essential ICA Provisions are designed in large measure to help preserve and protect the valuable RE/MAX Marks and the goodwill associated with the RE/MAX Marks.
The Paragraph references in the Essential ICA Provisions correlate to REMAX, LLC's Model ICA so that you can read and interpret the Essential ICA Provisions in the context of the Model ICA. Likewise, capitalized words appearing in the Essential ICA Provisions correlate to defined terms set forth in the Model ICA. REMAX, LLC reserves the right to modify or amend the Essential ICA Provisions and all future changes shall become binding upon RE/MAX Franchisees for all ICAs entered into commencing 60 days after the distribution of notice of each such change.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
Based on the 2025 Remax Franchise Disclosure Document, the document does not specify the exact signature requirements for client agreements. However, it does state that Remax franchisees are allowed to develop their own agreements and forms, including Independent Contractor Agreements (ICAs), provided these documents do not negatively impact the Remax network or expose others to liability.
The FDD emphasizes the importance of including "Essential ICA Provisions" in all agreements with Sales Associates to protect the Remax brand and its associated goodwill. These provisions are designed to maintain the reputation of Remax and safeguard the interests of the entire network. The document also mentions that Remax, LLC can modify these essential provisions, and such changes become binding on franchisees 60 days after notice.
Given the flexibility granted to franchisees in creating their own agreements, it is crucial for prospective Remax franchisees to understand the specific requirements for client signatures and the role of the broker's signature in their local jurisdiction. They should consult with legal counsel to ensure their agreements comply with all applicable laws and regulations while also protecting the Remax brand and network.