Does Remax warrant that the platform will operate uninterrupted?
Remax Franchise · 2025 FDDAnswer from 2025 FDD Document
YOUR USE OF THE PLATFORM AND ITS CONTENT IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RE/MAX NOR ANY PERSON ASSOCIATED WITH RE/MAX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER RE/MAX NOR ANYONE ASSOCIATED WITH RE/MAX REPRESENTS OR WARRANTS THAT THE PLATFORM WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. TO THE FULLEST EXTENT PROVIDED BY LAW, RE/MAX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. RE/MAX ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION PROVIDED BY OR AVAILABLE THROUGH THE PLATFORM.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Source: Item 22 — Contracts (FDD pages 108–334)
What This Means (2025 FDD)
According to Remax's 2025 Franchise Disclosure Document, Remax does not warrant that its platform will operate uninterrupted. The FDD explicitly states that the platform is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind. Remax also does not warrant that the platform will operate in a manner that will meet a franchisee's particular requirements and/or needs.
This disclaimer of warranties means that a Remax franchisee cannot hold Remax liable if the platform experiences downtime or fails to meet specific operational expectations. The franchisee assumes the risk of using the platform and its content. This is a common practice in franchising, where franchisors often limit their liability regarding technology and systems provided to franchisees.
However, the FDD also notes that the disclaimer of warranties does not affect any warranties that cannot be excluded or limited under applicable law. This means that certain legal protections may still apply to the franchisee, depending on the jurisdiction. Prospective franchisees should consult with legal counsel to understand their rights and protections in this regard.