Under what circumstances might Remax's disclaimer of warranties regarding MAX/CENTER not be fully effective?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
TO THE FULLEST EXTENT PROVIDED BY LAW, RE/MAX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. RE/MAX ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH MAX/CENTER.
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 Remax's 2025 Franchise Disclosure Document, the disclaimer of warranties regarding MAX/CENTER has some limitations. While Remax generally disclaims all warranties, express or implied, regarding MAX/CENTER, this disclaimer is not absolute.
The FDD states that the disclaimer does not affect any warranties that cannot be excluded or limited under applicable law. This means that if the law in a particular jurisdiction does not allow the exclusion or limitation of certain warranties, then Remax's disclaimer will not be effective to that extent. This could arise from state laws or federal regulations that provide consumer protections or impose mandatory warranties in certain situations.
For a prospective Remax franchisee, this means that the 'as is' provision for MAX/CENTER might not be ironclad. They should consult with a legal professional to understand the specific warranty laws in their area and how they might affect the use of MAX/CENTER. This is particularly important if the franchisee anticipates relying heavily on MAX/CENTER for their business operations, as any legal exceptions to the disclaimer could provide some recourse in case of system failures or inaccuracies.