factual

Upon termination or expiration of a Remax franchise, what obligations does the franchisee have regarding de-identification of the office?

Remax Franchise · 2025 FDD

Answer from 2025 FDD Document

NCHISE AGREEMENT BETWEEN REMAX REGIONAL AND REMAX, LLC**.

A. PAYMENT OF AMOUNTS OWED TO REMAX REGIONAL AND REMAX, LLC.

You agree to pay us within 5 days after the effective date of termination or expiration of the Franchise, or Abandonment of the Office, or at any later date that the amounts due to us are determined, such Monthly Ongoing Fees, Marketing Fund fees, Hot Air Balloon Fund fees (if applicable), Regional Development fees (if applicable), Lost Future Revenue, and all other amounts owed to us and REMAX, LLC which are then unpaid.

B. DE-IDENTIFICATION.

You and your Owners agree that after the termination, expiration, non-renewal or Abandonment of the Franchise you and your Owners will, at your sole expense, ensure that you, your Owners and each of your Sales Associates:

  • (1) immediately and clearly distinguish your operations from RE/MAX and the System, so as to avoid any possibility of confusion to the public, and not directly or indirectly at any time identify any business with which you are associated as being a current or former RE/MAX office or franchisee or otherwise use the System or hold yourself out to the public in any way as being or as having been affiliated with us, REMAX, LLC or other RE/MAX Affiliates;
  • (2) immediately cease use of the RE/MAX Marks, including removing, erasing or obliterating the RE/MAX Marks from your letterhead, stationery, printed matter, advertising, websites and web pages (including without limitation, in visual content, hyperlinks, source code, meta tags, and third-party directory

listings), software applications, social media services and other materials as well as all words and designations indicating that you are or were associated or affiliated with us, REMAX, LLC or other RE/MAX Affiliates;

  • (3) immediately take any action that may be required, including filing all necessary paperwork, to cancel all trade, fictitious or assumed names or equivalent registrations which contain any reference to any RE/MAX Mark or any variation thereof. In addition, if you did not use the Non-RE/MAX Trade Name Terms with a non-RE/MAX real estate office for at least 3 years prior to Franchisee's first date of affiliation with the RE/MAX System, then you further agree that upon a termination, Abandonment, or expiration of this Agreement that is subject to the provisions of Subsection 14.J.

Source: Item 22 — Contracts (FDD pages 108–334)

What This Means (2025 FDD)

According to Remax's 2025 Franchise Disclosure Document, franchisees have specific de-identification obligations upon termination, expiration, or abandonment of the franchise. The franchisee is responsible for ensuring that they and their owners immediately distinguish their operations from Remax to avoid public confusion. This includes not identifying their business as a current or former Remax office and not using the Remax system or holding themselves out as affiliated with Remax.

Specifically, franchisees must immediately stop using Remax marks, which involves removing or obliterating these marks from all materials, including letterheads, stationery, advertising, websites, social media, and software applications. This extends to visual content, hyperlinks, source code, meta tags, and third-party directory listings. Franchisees must also take action to cancel any trade, fictitious, or assumed names registrations that reference any Remax mark or variations thereof.

Remax franchisees are solely responsible for all costs associated with these de-identification obligations. Failure to comply with these requirements can result in liquidated damages of $500 per day after a 10-day grace period following termination or expiration. However, these damages do not limit Remax's rights regarding trademark infringement, unfair competition, breach of contract, or seeking injunctive relief.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.