In the event of death, incompetency, or permanent disability of a Remax owner, what is the maximum time period the Personal Representative has to sell or transfer the agreement and franchise to an approved person?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
Upon the death, incompetency, or permanent disability (as defined below) of you or any Owner, the executor, administrator, conservator or other personal representative ("Personal Representative") of such person may sell or transfer his/her interest in this Agreement and the Franchise within a reasonable time, not to exceed 6 months from the date of death or determination of incompetency or permanent disability, to a person we have approved. Such sale or transfer, including, without limitation, transfers by a will or by inheritance, will be subject to all the terms and conditions for assignments and transfers contained in this Agreement. Alternatively, the Personal Representative may choose to close the Office and terminate the Agreement within that 6-month period provided all other Owners agree with that decision and provided the Personal Representative and all other Owners give REMAX Regional at least 60 days written notice of their election to terminate, any and all outstanding fees have been paid in full, and they sign a termination and mutual release agreement. During that 6-month period, the Office must be under the primary supervision of a manager who has a valid state real estate broker license and otherwise meets our management qualifications. Failure to appoint such a manager or to dispose of such interest within that 6-month period of time will constitute grounds for immediate termination of this Agreement.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, in the event of the death, incompetency, or permanent disability of a Remax owner, their Personal Representative has a reasonable time, not exceeding 6 months, to sell or transfer the franchise. This period begins from the date of death or the determination of incompetency or permanent disability. The sale or transfer is subject to all the standard terms and conditions for assignments and transfers outlined in the franchise agreement.
Alternatively, the Personal Representative can choose to close the Remax office and terminate the agreement within the same 6-month period. This option requires agreement from all other owners, at least 60 days written notice to Remax Regional, full payment of all outstanding fees, and the signing of a termination and mutual release agreement.
During this 6-month period, the Remax office must be supervised by a manager with a valid state real estate broker license who meets Remax's management qualifications. Failure to appoint a qualified manager or to properly dispose of the franchise interest within the 6-month timeframe can result in immediate termination of the franchise agreement by Remax.