As a Remax user, what are my responsibilities regarding compliance with laws and regulations when using the site?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
ed with the RE/MAX Marks. You further acknowledge and agree that the mandatory elements of the System contained in the Brand Standards Manual have been established for the purpose of preserving such reputation, standards and goodwill, but do not, and are not intended to, govern or control the day-to-day affairs, activities or business of the Office or the means and manner by which you conduct the operations of the Office, which shall always be your responsibility and subject to your discretion and control.
C. COMPLIANCE WITH LAWS AND GOOD BUSINESS PRACTICES.
(1) You are Responsible for Complying with all Applicable Laws.
You acknowledge that it is your sole responsibility to secure and maintain in force all required licenses, permits and certificates relating to the operation of the Office and to operate the Office in full compliance with all applicable federal, state, and local laws, ordinances and regulations, including, without limitation, those relating to: real estate service businesses, brokers and salespersons; occupational hazards; health, workers' compensation and unemployment insurance; the Americans with Disabilities Act; the Real Estate Settlement Procedures Act (commonly known as RESPA); and Fair Housing Laws. You acknowledge
that it is your sole responsibility to comply with all federal and state laws that regulate privacy and data security (including but not limited to laws regulating the processing, protection, and security of client information in any way including but not limited to laws pertaining to the use, storage, transmission, and disposal of data regardless of media type); the CAN-SPAM Act; the Telephone Consumer Protection Act; the Telemarketing Sales Rule, as well as other federal and state anti-solicitation laws regulating phone calls, spamming, faxing, and/or privacy (collectively "Privacy Laws"). You agree that you will: (i) comply with all Privacy Laws that relate to the privacy and security of client information; (ii) maintain reasonable physical, technical and administrative safeguards for client information that is in your possession or control in order to protect the same from unauthorized processing, destruction, modification, or use that would violate the Agreement or any Privacy Law; refrain from any action or inaction that could cause us to breach any Privacy Laws;
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, as a user of the Remax platform, you have several responsibilities to comply with laws and regulations. Remax emphasizes that it is your sole responsibility to adhere to all applicable federal, state, and local laws, ordinances, and regulations related to operating your office. This includes securing and maintaining all required licenses, permits, and certificates. These laws span various areas, such as real estate service businesses, brokers and salespersons, occupational hazards, health, workers' compensation and unemployment insurance, the Americans with Disabilities Act, the Real Estate Settlement Procedures Act (RESPA), and Fair Housing Laws.
Furthermore, Remax holds you accountable for complying with all federal and state laws governing privacy and data security. This encompasses laws regulating the processing, protection, and security of client information, including the use, storage, transmission, and disposal of data, regardless of the media type. You must also adhere to the CAN-SPAM Act, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, and other anti-solicitation laws that regulate phone calls, spamming, faxing, and privacy. To ensure compliance, you must maintain reasonable physical, technical, and administrative safeguards for client information, protecting it from unauthorized processing, destruction, modification, or use that could violate any Privacy Law.
In addition to general legal compliance, Remax also prohibits specific uses of its platform that could violate laws or regulations. You are prohibited from using the platform in any way that violates applicable federal, state, local, or international law or regulation, including laws regarding the export of data or software, the protection of personal data, advertising (including the Fair Housing Act), and marketing and cell phone communications (including the U.S. Telephone Consumer Protection Act). You are also responsible for the content you post on the platform, ensuring it does not violate any third-party rights or laws and that you have the necessary permissions for any content you use. You must also ensure that your User Content is compliant with the RE/MAX Brand Identify Trademark and Graphic Standard manual.