Does the Remax franchise agreement grant franchisees any exclusive or protected territory?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
ce marks or trade dress, or through other trade channels. You acknowledge that REMAX Regional and REMAX, LLC retain all rights to establish or acquire, or authorize others to establish or acquire, additional real estate brokerage office locations or other operations without regard to proximity to the Premises and that such market development and expansion is an integral part of the marketing concept underlying REMAX Regional's and REMAX, LLC's business. Nothing contained in this Agreement shall be deemed, expressly or by implication, to grant to you any type of exclusive or protected territory or any right to limit, control, or prevent REMAX Regional's or REMAX, LLC's right to own, operate, franchise, or license or in any other manner authorize the location and operation of real estate brokerage or other businesses at any location or in any medium whatsoever. Moreover, nothing contained in this Agreement shall be deemed, expressly or by implication, to grant or extend to you a right of first refusal, option or any other right to purchase, acquire or open an additional RE/MAX franchise now or in the future. Neither REMAX Regional nor REMAX, LLC shall be liable to you for any damages or loss of sales or profits (if any), based on actual or anticipated adverse consequences to you which may result from their continuing activities in the development of the System or other exercise of the rights reserved to them under this Agreement. However, in the event you purchase, acquire, or open one or more additional RE/MAX franchises in the future, each such franchise will be governed by a separate franchise agreement under a separate franchise term, which franchise agreement may have materially different and less favorable terms than this Agreement.
E. RENEWAL OF FRANCHISE.
You may, at your option, renew your franchise relationship for an additional period if you meet the following conditions:
(1) You have complied with all of the terms and conditions of this Agreement, including but not limited to meeting your Minimum Agent Count (as set forth in Section 7 below) throughout the Term;
- (2) You have exercised diligent efforts to develop your Office to its full potential during the Term, in a manner acceptable to us;
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the franchise agreement does not grant franchisees any exclusive or protected territory. Remax, LLC and Remax Regional retain all rights not specifically granted to the franchisee. This means Remax can establish or authorize additional real estate brokerage office locations without regard to their proximity to a franchisee's location.
The FDD explicitly states that the agreement does not grant any type of exclusive or protected territory, nor does it limit Remax's right to own, operate, franchise, or license real estate brokerage or other businesses in any location or medium. Furthermore, the agreement does not grant franchisees a right of first refusal, option, or any other right to purchase, acquire, or open additional Remax franchises.
Remax is not liable for any damages or loss of sales or profits resulting from their activities in developing the system or exercising their reserved rights. Franchisees acknowledge that Remax and its related parties may operate or grant franchises or licenses to operate at any location, even in close proximity to the franchisee's office, and the franchisee waives any claims related to the location of their office or other Remax offices.
While franchisees are granted the right to establish a single Remax real estate office at an approved location, this right does not extend to a defined geographic area. Franchisees are expected to serve customers in areas where they have knowledge of local conditions, and they should refer requests for services in other areas to the appropriate Remax office. This lack of territorial protection is a notable aspect of the Remax franchise agreement, as franchisees may face competition from other Remax offices.