Under what circumstances does the software warranty provided by Remax become void?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
, subject to Customer's promptly notifying Licensor in writing of such failure, at its sole option, promptly upon receipt of such notice repair or replace the Software, provided that Customer provides Licensor with all information Licensor requests to resolve the reported failure, including making reasonable efforts to provide sufficient information to enable the Licensor to recreate such failure. In addition to complying with the notice provisions of this Agreement, such notice will refer to this Agreement or mention a breach of warranty or similar language. Failure to provide notice as described in this section or delay of such notice will not impact the validity of the Customer's claim or Licensor's obligations under this Section 7.2 except in the case that such failure or delay prejudices the Licensor. The foregoing sets forth Licensor's sole and exclusive obligation, and Customer's sole and exclusive remedy, for any failure to comply with Section 7.1.
- 7.3 EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 7.1, ALL OFFERINGS ARE PROVIDED "AS IS" AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. LICENSOR SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, the software warranty has limitations. While Section 7.1 outlines a limited warranty, Section 7.3 explicitly states that all offerings are provided "AS IS," and Remax disclaims all other warranties, whether express, implied, or statutory. This includes disclaiming implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Remax makes no warranty that the BoldTrail platform, BoldTrail products, software, and documentation will meet the customer's requirements, operate without interruption, achieve any intended result, be compatible with other software, or be error-free. The disclaimer also extends to the accuracy and completeness of any BoldTrail data.
For a Remax franchisee, this means that beyond the limited warranty in Section 7.1, the software is provided without guarantees. If the software doesn't perform as expected or has errors, Remax is not liable, except as defined in the limited warranty. Franchisees should be aware of these limitations and understand that their recourse for software issues may be limited to the specific terms outlined in Section 7.1. It is important to provide prompt written notice that refers to the agreement or mentions a breach of warranty if the software fails to comply with the warranty in Section 7.1.