LegalCaseDocs.com
shopping cart  
  |     
Search
 

 
New Visitors


 VeriSign Secure Site

 Get Adobe Reader

CENTURY 21 REAL ESTATE CORP v REEDOM HOLDING INC Click to find out why . . .



Keywords & Phrases
CaseNo: CRECVRHI232058, CourtName: MISC 3, Plaintiff: CENTURY 21 REAL ESTATE CORP, State: DE Delaware, UniqueCaseRef: LCD>CRECVRHI232058, Franchisee, Agreement, Real Estate, Marks, Termination, Reedom, Obligations, Paragraph, Ferenczi, Reedom Realty, Real Estate Brokerage, United States, Broker Council, Real Estate Broker, Promotion, Sales, Estate Corporation, Payment, Csaba Ferenczi, Royalty Fees, Franchise Agreement, Hereinafter, Buchanan Ingersoll, Advertising, Suite, Licensed Real Estate, Policies, Immediate, Service Fees, Written Notice, Writing, Effectiveness, Accounts, Franchise Operations, Amounts, Fees, Provisions , ContentID: 120253743

Case Documents
1 2002-01-03 VERIFIED COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130126
19 pages
PDF
2 2002-01-03 EXHIBITS B-K
[ see first page and extracted highlights below  ] ItemID: 130125
25 pages
PDF
3 2002-01-03 EXHIBIT A
[ see first page and extracted highlights below  ] ItemID: 130124
40 pages
PDF
Total Documents: 3 documents , 84 pages
Price: $ 29.95


IVESLCD01 KGI0001
 
 

 Forgot your password?


1 . VERIFIED COMPLAINT

EXTRACTED KEY WORDS
REAL ESTATE
FRANCHISE AGREEMENT
MARKS
BUCHANAN INGERSOLL
SUITE
REAL ESTATE BROKERAGE
FEES
ESTATE BROKERAGE SERVICES
BUSINESS
AMOUNT
FERENCZI
LAW
PARAGRAPH
REAL ESTATE CORPORATION
PLAINTIFF
REEDOM REALTY
FLORIDA
TERMINATION
ROYALTY FEES
NAF FEES
CONNECTION
LANHAM ACT
PAYMENTS
DEFENDANTS
EVENTS GIVING RISE
ACCURATE FINANCIAL INFORMATION
MINIMUM OPERATING STANDARDS
OBLIGATIONS
VERIFIED COMPLAINT
                                                    UNITED  STATES  DISTRICT  COURT
                                                   SOUTHERN  DTSTRTCT  OF  FLORIDA
                                                         FORT  LAUDERDALE                          
                                                                                      CASE  NO.

CENTURY  2 1 REAL  ESTATE  CORPORATION,

        Plaintiff,

v.

REEDOM  HOLDING,  INC.  f/n/a  REEDOM  REALTY,  INC.,
d/b/a  CENTURY  21 REEDOM  REALTY,  TNC., and  CSABA  A.  FERENCZI,

        Defendants.



                                                               VERIFIED                    

        Plaintiff,  Century  2 1 Real  Estate Corporation  ("Century  2 1 "),  by and  through 

counsel,  sues  Defendants  Reedom  Holding,  Inc..  f/n/a  Reedom,  Inc.,  d/b/a  CENTURY
                   21

Reedom  Realty,  Tnc. ("Reedom"),  and  Csaba A.  Ferenczi  ("Ferenczi")  and  alleges:

                                  PARTIES  AND  SUBJECT  MATTER                                    

             1.            Plaintiff,  Century  2 1, is a corporation  organized  and  existing 

State of  Delaware  with  its principal  place  of  business at  6  Sylvan  Way,  Parsippany,  New 

and  is the  successor in  interest  to  Century  21  of  the Northeast,  Inc.

        2.                 Defendant,  Reedom.  on  information  and  belief  is  a  corporation 

existing  under  the  laws  of  the  State of  Florida  with  its  principal  place  of  business 

Florida.

        3
        _ .                Defendant,  Fercnczi,  on  information  and  belief,  is  a  resident! 

Hallendale,  Florida.




SNIPPETS:
  • REEDOM HOLDING, INC. f/n/a REEDOM REALTY, INC., d/b/a CENTURY 21 REEDOM REALTY, TNC., and
  • Defendants.
  • Plaintiff, Century 2 1 Real Estate Corporation, by and through undersigned
  • and Csaba A. Ferenczi
  • State of Delaware with its principal place of business at 6 Sylvan Way, Parsippany, New Jersey
  • existing under the laws of the State of Florida with its principal place of business in
  • Buchanan Ingersoll.
  • Suite 2100 o Mlami,
  • events giving rise to the claims herein have occurred and the property that is the subject of
  • United States and is widely known as a provider of real estate brokerage service.
  • 21 MARKS since the date of their registration and these registrations are in full force and
  • origin of their real estate brokerage services, Century 21 allows its franchisees to utilize
  • "Franchise Agreement") with Reedom for the operation of a CENTURY 2 1 real estate brokerage
  • pay Royalty Fees to Century 21 for the rights granted to Reedom under the Franchise Agreement
  • by Reedom from all real estate related transactions set forth in paragraph Sof the Franchise
  • make certain monthly payments to the National Advertising Fund to be managed by Century 2 1.
  • This amount was in addition to the Royalty Fees and subject to certain minimum
  • allowed by law or a rate that is five percent per annum higher than the "prime rate" then
  • maintain accurate financial information including reports and records relating to each
  • meet certain minimum operating standards, including maintaining a certain volume of closed
  • breach of its obligations or warranties under the Franchise Agreement;
  • records and reports for a period of not less than three years after termination
  • NAF Fees, failing to maintain minimum operating standards and failing to follow
  • the CENTURY 21 MARKS in connection with its real estate brokerage services.
  • paragraphs 1 through 41 of the Verified Complaint.
  • or mistake among prospective or actual customers, in violation of Section 32 of the Lanham

  • 2 . EXHIBITS B-K

    EXTRACTED KEY WORDS
    AGREEMENT
    TERMINATION
    REEDOM REALTY
    FERENCZI
    BROKER COUNCIL
    OBLIGATIONS
    ESTATE CORPORATION
    PAYMENT
    CSABA FERENCZI
    MARKS
    IMMEDIATE
    SERVICE FEES
    ACCOUNTS
    AMOUNTS
    NAF CONTRIBUTION
    VIOLATION
    SIGNIFICANTLY DELINQUENT
    BROKER COUNCIL ASSESSMENTS
    RELATED MATERIALS
    PARAGRAPH
    INSPECTION
    BALANCES
    OFFICE SIGNAGE
    ADVERTISING
    TERMINATE
    OPERATING
    PURSUANT
    PERMANENTLY DISCONTINUE
    ATTENTION
    
    ",
    
    ,J-:           TL     :yz                   l  .-
                                                 :.  y
    
             q                           I'               I!
                                  ,s                      .?I
    
    zal  Estate  Corporation
    sylvan  Way
    rsippany,  New  Jersey  07054
    Mess  (973)  428-9700
    x (973)  496-5641
    
    
    
    
    
    Uarch  17,1998
    
    3r.  Csaba Ferenczi
    CENTURY  2 1 Reedom  Realty +5023
    3509 N. Ocean Drive
    gollywood.  FL  33020
    
    `EGAL  ,VOT.lCE  OF  BREACH  OF  FRANCHISE                                            AGREEMEYT,4ND
    
    Iear  Dr. Ferenczi:
    
    4 situation  has recently  been brought  to my  attention  that is of  great  concern.  As  you 
    jrom  numerous  discussions  and  notices  sent  to  you  by  both  your  Broker  Council  and  your
    Regional  Offlice,  your  office  is  significantly  delinquent  in  its  payment  of  Broker 
    assessments. Our  records reflect  a balance  of  Sl,lOO.OO as of  March  10,1998.
    
    Zsaba, past due accounts constitute  a serious breach  of  your  Franchise  Agreement  and  are
    -or termination.  The  Franchise  Agreement  clearly  sets forth  your  obligations  relating  to 
    Council participation  and Broker  Council  assessments:
    
              Subpangraph  1 lB(k).                               Local  Councils.  Franchiser  may 
              franchisees  with  boundaries  as  determined.  from  time  to  time,  by  Franchiser. 
              and  participate  in  the  council  established  in  the area  designated by  Franchiser
              council area. The local council may make recommendations
                                                                                                     
                                                                                                       
              of  council funds available for  promotional purposes in  the local area  Such local
              own  by-laws,  rules and procedum,  but  such by-laws,  rules an&or  procedum  shall  not
              Franchisee's
                                                rights or  obligations under this .4greemtnt  Except 
              subject to the approval of  Franchiser, any  lawful action of  such council at a meeting
    
    SNIPPETS:
  • zal Estate Corporation sylvan Way rsippany,
  • Csaba Ferenczi CENTURY 2 1 Reedom Realty +5023
  • As you are aware jrom numerous discussions and notices sent to you by both your Broker
  • past due accounts constitute a serious breach of your Franchise Agreement and are cause -or
  • The Franchise Agreement clearly sets forth your obligations relating to Broker Council
  • Franchisee agrees to join and participate in the council established in the area designated
  • obligations to pay service fees, National Advertising Fund contributions, Broker Council
  • Please direct &III payment of your past due account balances as well as report and pay on any
  • Failure to do so may result in the immediate termination of your franchise.
  • On behalf of Centmy 21 Real Estate Corporation, I am witing to address the matter of the
  • We specifically noted our right to terminate your Agreement if you failed to cure the default
  • addition to these amounts, we have reason tu believe that you have not consistently reported
  • Pay to CENTURY 21Q Regional the six percent service fee, plus the two percent I%) NAF nchisee.
  • [n the event that CENTURY 21 International shall exercise its right under Subparagraph 9D of
  • Immediately and permanently discontinue the use of all CENTURY 2 1 Marks, including, it not-
  • tithin five days after their removal, CENTURY 21 Regional shall have the right to sell ok iaries or affiliates,
  • Maintain all books, records, and reports required by CENTURY 21 Regional pursuant to
  • Consistent with paragraph C of the Franchisee Agreement cited above, demand is made upon you
  • Internal Office Signage --
  • If violations are indiutp4 ad evidmc~ wilb this sigacd form.
  • Please forward the required funds to my attention on or before July 21,

  • 3 . EXHIBIT A

    EXTRACTED KEY WORDS
    AGREEMENT
    REAL ESTATE
    MARKS
    UNITED STATES
    REAL ESTATE BROKERAGE
    REAL ESTATE BROKER
    PROMOTION
    SALES
    PARAGRAPH
    HEREINAFTER
    ROYALTY FEES
    BUSINESS
    LICENSED REAL ESTATE
    POLICIES
    WRITTEN NOTICE
    WRITING
    EFFECTIVENESS
    FRANCHISE OPERATIONS
    ADVERTISING
    PROVISIONS
    OBLIGATIONS
    COMPLIANCE
    TRANSACTION
    GROSS REVENUE
    NAF CONTRIBUTIONS
    SUBLICENSE
    NATIONAL ADVERTISING FUND
    PARTNERSHIP
    MONTHLY CONTRIBUTION
    
                          CENTURY  21@ REAL,  ESTATE  FIFUlVCElX3E  AGREEMENT
             This Agreement  is made by and between  CENTURY  2 1 Real Estate  Corporation,  a Delaware
    corporation  and  a  licensed  real  estate  broker,  with  principal  oflices  in  the  State  of 
    (hereinafter  u&d           "Franchiser"),  and  Reedom,     In&     a  Florida     corporation    
    "Franchisee"). Franchise 8  9  z+3
    
                                                          RECITALS
    
             A.  Franchiser,  a Delaware  Corporation  has the  exclusive  right  to  use and 
    tradenames, trademarks  and  service  marks,  including  the  name  "CENTURY  21,"  which  have 
    registered  on  the  Principal  Register  in  the  United  States Patent and  Trademark  Office, 
    appropriate  state agencies in  the  United  States, and  with  governmental            agencies of
    (which  marks, together  with  certain  other  trademarks  and  service  marks which  are  not 
    which are pending  registration,  are hereinafter  collectively  called "CENTURY  21 Marks");
    
             B.  Franchiser  has developed  a  system  for  the  promotion  and  assistance of 
    owned  and  operated  real  estate  brokerage  offices,  including  policies,  procedures  and 
    designed to  enable  such  offices  to  compete  more  effectively  in  the  real  estate  sales
    system is hereinafter  called the "CENTURY  2 1 System").  The  CENTURY  2 1 System includes, but is
    not limited  to, common  use and promotion  of  certain  CENTURY  21 Marks,  copyrights,  trade 
    centralized advertising  programs,  recruiting  programs,  referral  programs  and  sales and 
    training  programs.  Franchiser  has from  time  to  time  revised  and updated  the  CENTURY  21 
    and plans to continue to  do so as required  in its best judgment;
    
             C.  Franchisee desires to  obtain  a franchise  to  operate  a real estate btokemge 
    terms and conditions herein&et  set forth;
    
                                                   TERMS  OF  AGREEMENT
                          l
    
    
    
    
            NOW,  THEREFORE,  in  consideration  of  the  foregoing  premises, and  for  other  good 
    valuable  consideration,  the  delivery,  receipt  and  sufficiency  of  which  are  hereby 
    further,  in  accordance  with  and  pursuant  to  all  terms,  conditions,  covenants,  agreements,
    representations and warranties  contained  hereh  the parties  hereby mutually agree as follows:
    
             1. GRANT           OF  F-fbWtXDSE
            Franchiser hereby grants to  Franchisee, and Franchisee hereby accepts, the non-excIusive 
    to use the CEINTURY  21  System and certain CENTURY  21  Marks,  as they are set forth  in the
    CITNTURY  21 Policy and Procedure  Manual  (hereinafter  called the "P&P  Manual"),  as it may be
    revised and/or supplemented from  time  to  time  by Franc&or,  for  the operation  of  a licensed
    brokerage office  upon  the terms and conditions set forth  in this Agreement  (hereinafter  call+ 
    "Franchise").  The grant of  this Franchise shall not be construed as granting  Franchisee any
    purchase any additional  franchises corn  Franchiser, or  any right or  priority  as to  the
    additional franchise which  may be granted  by Franchiser.  LfFranchisor  subsequently grants
    any tichise  said grant shall be on such terms as Franchiser shall establish.
    
    
    SNIPPETS:
  • This Agreement is made by and between CENTURY 2 1 Real Estate Corporation, a Delaware
  • Franchiser, a Delaware Corporation has the exclusive right to use and sublicense certain
  • Franchiser has developed a system for the promotion and assistance of independently owned and
  • The CENTURY 2 1 System includes, but is not limited to, common use and promotion of certain
  • Franchiser hereby grants to Franchisee, and Franchisee hereby accepts, the non-excIusive
  • The term of this Agreement is set forth in Paragraph 2 hereof, and as is provided herein,
  • Ln every visual display in which the CENTURY 21 modern building logo is used the portion of
  • Marks as Franchisee may be authorized to use from time to time, exclusively for the purpose
  • Franchiser also will establish procedures for referrals between Franchisee and other CFNTURY
  • Notwithstanding the foregoing, Franchiser will make no such contributions to the National
  • The written notice will also provide that said service or product may be utilized by
  • f?om: all transactions involving the purchase, sale, lease, rental, hypothecation, license, ervices, or organizing: promoting, selling, managing or otherwise servicing any kind of real estate curities, partnership interests, interests in real estate and other forms of property); all
  • Said policies of insurance shall insure Franchisee against any liability which may arise in
  • Franchisee shall cause certificates of insurance of all such policies and endorsements,
  • Franchiser in granting this Franchise, and it is the stated intent of Franchisee, that this
  • Calculation of the CIB by Fmnchisor shall be made pursuant to the provisions of the Table
  • Index level as of November, 1990, to November of each year thereafter and the yield to
  • Franchise& initial minimum and maximum monthly contribution amount limitations currently are
  • Franchisee shall timely pay said NAF contributions such that they are received by Franchiser
  • Franchiser will spend not more than meen percent of contributions to the NAF to engage in countries.
  • exclusive right to use and sublicense the CENTURY 21 Marks, and that the CENTWRY 21 system
  •    |