The Prosective Franchisee
April 12th, 2008So, you’re thinking of buying a franchise? As a prospective franchisee, you should begin by reading and asking questions about the disclosure agreement of the franchise that most interests you. Disclosure agreements for franchises are generally lengthy, but very crucial for you to read and fully understand. As you read each document in its entirety, carefully take notes on those items within the agreement that you find ambiguous or confusing.
One of the most common difficulties that arise between new franchisees and a franchisor is a misinterpretation of responsibilities. Be sure to read the franchise disclosure agreement carefully to determine your responsibilities, as well as the obligations of the franchisor. Do not assume that the franchisor is responsible for any particular support service. If it’s not spelled out in the disclosure agreement and you feel that it should be, be sure to get all of your concerns in writing and clarify which duties, obligations and responsibilities belong to whom within the franchise relationship.
Your next step is then to seek sound legal advice. Simply put, locate and retain an attorney who is preferably experienced in all aspects of franchise law.
Once you have retained a franchise attorney, get an accurate, complete interpretation of the franchise agreement and other legal documents involved. You and your attorney should carefully review the franchise agreement, lease or real estate agreements, and any other related contracts together. Make a list of questions to go over with your attorney and then present your list of concerns to the franchisor and get clarification of those concerns from the franchisor in writing.
Remember to lookup different franchise opportunities