Under what circumstances related to Sections 4 and 2.1 of the Remax agreement is the other party entitled to equitable relief?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
- 11.10 Equitable Relief.
Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under Section 4 or, in the case of Customer, Section 2.1, would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy.
Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to the 2025 Remax Franchise Disclosure Document, both Remax and the customer have the right to seek equitable relief under specific circumstances. If either party breaches or threatens to breach their obligations under Section 4 of the agreement (for Remax) or Section 2.1 (for the customer), the other party can pursue equitable relief.
Equitable relief includes measures like restraining orders, injunctions, and specific performance. This means that if one party violates or threatens to violate the agreement, the other party can ask a court to order them to stop the violating behavior or to fulfill their obligations as specified in the contract.
Importantly, the party seeking equitable relief does not need to post a bond or security, nor do they have to prove actual damages or demonstrate that monetary damages would be inadequate. The availability of equitable relief does not exclude other legal remedies; it is in addition to any other remedies available under law or equity.