If the terms of the Remax Franchise Agreement Addendum conflict with the Franchise Agreement, which document controls?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
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- This Addendum is intended to be, and is hereby, incorporated in its entirety as a part of the Franchise Agreement and to be read as a material part thereof. It is expressly understood that to the extent, if any, the terms and conditions of this Addendum are different from, or conflict with, those set forth in the Franchise Agreement, this Addendum shall control. This Addendum may not be amended, changed, revised or altered, except by instrument in writing signed by the parties.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, any addendum to the franchise agreement, such as the Transfer Addendum, Commercial Office Addendum, or Team Office Amendment, is incorporated in its entirety as part of the Franchise Agreement. These addenda are considered a material part of the agreement.
Specifically, the FDD states that if there are any differences or conflicts between the terms and conditions of an addendum and those of the Franchise Agreement, the terms of the addendum will take precedence and control. This ensures that any specific modifications or additions outlined in the addendum are upheld.
This clause provides clarity and legal certainty for both Remax and the franchisee. It confirms that addenda are not merely supplementary documents but have the power to override the original agreement where conflicts arise. This is a standard legal practice to ensure that the most recently agreed-upon terms are enforced.