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B59/100FDD 2025

The Agency® — Litigation & Risk

Real Estate · FDD Items 3, 4 & 5

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Moderate — Review

4 cases disclosed in FDD Items 3 and 4.

Source: FDD Items 3–5

FDD Items 3 & 4

Litigation Metrics

Cases disclosed
4
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
Franchisor or officer bankruptcy
Overall risk score
59 / 100
FranchiseVerdict composite
Rating
MODERATE
STRONG / MODERATE / CAUTION / AVOID

7(a) FOIA data · FY2020–present

SBA Loan Performance

Aggregated from public SBA 7(a) loan disclosures. Default rate is the share of loans that were charged off or settled for less than the full balance.

Total 7(a) loans
1
Government-backed loans issued
Default rate
vs <3% typical · system-wide
5-yr default rate
Defaults
0 loans
Loans charged off or defaulted
Total loan volume
$268K
Avg loan size
$268K
Participating lenders
1

FDD Items 5, 6 & 17 — what you give up

Contract Risk Indicators

Mandatory arbitration
Required
Disputes resolved outside court — limits your legal options
Jury trial waiver
Waived
You give up the right to a jury trial
Franchisor can compete
Yes
Franchisor can open competing locations in or near your territory
Right of first refusal
Yes
Franchisor can match any purchase offer when you try to sell
Governing law
Delaware
State whose law governs disputes — relevant if you're not based there

What drove the 59/100 rating

Risk Score Breakdown

  1. 01MINORNo Item 19 financial disclosure (average revenue/net income) prevents ROI validation despite $119.6k-$896k investment range
  2. 02HIGHSignificant litigation history ($12.2M+ in settlements) including antitrust and disparagement cases suggests operational/compliance vulnerabilities
  3. 03MINORUnprotected territory creates direct competition risk from other Agency franchisees and corporate-owned locations
  4. 04MINORExplosive 35% YoY unit growth (91 units) may indicate unsustainable expansion or market saturation concerns
  5. 05MINORWide investment range ($776.55k spread) suggests inconsistent unit profitability or unclear buildout costs
  6. 06MINORReal estate brokerage model highly dependent on agent recruitment and retention in competitive market

Severity inferred from FDD text — not a regulatory or legal classification

Litigation data from FDD Items 3, 4, and 5. SBA data from public 7(a) FOIA records (FY2020–present). Not legal advice — consult a franchise attorney before signing any franchise agreement.