What are the representations and warranties that a Receiving Broker/Agent makes under the Remax agreement?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
C, you will have 60 days within which to amend your ICA form to include the new Essential ICA Provisions. You then shall use that amended, compliant ICA form, or some alternative compliant ICA form, for all of your new and renewal ICAs so that at the end of the 12-month period following the amendment of your ICA, all of your Sales Associates will be parties to an ICA containing the most current Essential ICA Provisions.
C. NO LIABILITY, NO WARRANTIES.
We have not authorized or empowered you to use the RE/MAX Marks except as provided by this Agreement and you agree not to employ any of the RE/MAX Marks in signing any contract, check, purchase agreement, negotiable instrument or legal obligation, application for any license or permit, or in a manner that may result in demands for payment or assertions of liability directed to us for any indebtedness or obligation of yours. Except as expressly authorized by this Agreement, neither of us will make any express or implied agreements, warranties, guarantees or representations, or incur any debt, in the name of or on behalf of the other or represent that the relationship between us is other than that of franchisor and franchisee.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
Based on the 2025 Remax Franchise Disclosure Document, a franchisee is not authorized or empowered to use the Remax marks except as provided by the agreement. The franchisee agrees not to use the Remax marks in any contract, check, purchase agreement, negotiable instrument, legal obligation, license application, or permit. They also cannot use the marks in a way that could lead to demands for payment or assertions of liability directed to Remax for the franchisee's debts or obligations.
Except as expressly authorized by the agreement, neither Remax nor the franchisee can make any express or implied agreements, warranties, guarantees, or representations on behalf of the other. They also cannot incur any debt in the name of or on behalf of the other party. The franchisee cannot represent that their relationship with Remax is anything other than that of franchisor and franchisee. The franchisee acknowledges that they do not have the authority to bind or obligate Remax Regional or Remax, LLC in any way through any promise, representation, action, or inaction.
Furthermore, if Remax provides any waiver, approval, consent, or suggestion, or if they neglect, delay, or deny any request, it does not mean that Remax has made any warranties or guarantees that the franchisee can rely on. Remax also does not assume any liability or obligation to the franchisee in such cases. This reinforces the limited scope of the franchisee's authority and the importance of adhering strictly to the terms of the franchise agreement.