Under the Remax loan agreement, what is the grace period allowed for undischarged money judgments or attachments against the borrower exceeding $10,000 before it constitutes an event of default?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
id or seek to avoid the observance or performance of any of the terms to be observed or performed hereunder by the Borrower (including without limitation, the repayment of Principal or the payment of interest) but will at all times in good faith assist in the carrying out of all the provisions of this Note
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, a franchisee has a 30-day grace period to resolve money judgments, writs, warrants of attachment, or similar processes exceeding $10,000. If such a judgment or attachment is entered or filed against the franchisee or their assets and remains undischarged, unvacated, unbonded, or unstayed for 30 days, it constitutes an event of default under the loan agreement.
This means that if a franchisee faces a legal judgment or attachment exceeding the specified amount, they must take action to resolve the issue within 30 days to avoid being in default of their loan agreement with Remax. This could involve discharging the debt, vacating the judgment, posting a bond, or obtaining a stay to temporarily suspend the judgment's effect.
The 30-day period provides a window for the franchisee to address the financial or legal issue without immediately triggering default consequences. However, it's crucial for franchisees to act promptly and seek legal and financial advice to manage such situations effectively and prevent further complications with Remax.
This type of clause is relatively standard in loan agreements to protect the lender's interests by ensuring the borrower maintains financial stability and addresses significant financial liabilities in a timely manner. Franchisees should be aware of this requirement and have contingency plans in place to handle potential judgments or attachments.