Does the Remax disclaimer of warranties affect warranties that cannot be excluded under applicable law?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, the disclaimer of warranties does not affect any warranties that cannot be excluded or limited under applicable law. This statement appears within the 'Disclaimer of Warranties' sections related to the use of MAX/Center, the Platform, and the Site.
For a Remax franchisee, this means that while Remax disclaims many warranties regarding the functionality, quality, and reliability of its platforms and services, this disclaimer is limited by law. If there are mandatory warranties that cannot be legally waived, those warranties will still apply to the franchisee's relationship with Remax. This protects the franchisee from unknowingly giving up rights that are guaranteed by law.
This type of disclaimer and its exception are fairly standard in franchise agreements. It is important for a prospective Remax franchisee to understand which warranties are being disclaimed and what rights they retain under applicable laws. Consulting with a legal professional can help clarify these rights and ensure full comprehension of the franchise agreement.