Franchisee

Whether you’re buying a franchise business, selling your franchise, or simply need commercial legal advice we can assist you every step of the way!

Buying or selling a franchise

Buying A Franchise

If you’re buying a new business, including a franchise, it’s important to understand your risks and obligations. Only by knowing these things can you take adequate steps to set up a compliance system to protect you from defaulting under your franchise agreement.

We can assist you by reviewing the Franchise Agreement and Disclosure Document and providing practical, expert legal advice in relation to:

Limitations that apply when the business is sold
Obligations when the agreement comes to an end
Ability to terminate the franchise agreement, or transfer it to another person
The franchisor‘s ability to compete directly with the franchisee
How the franchise territory is defined
The range and size of fees being paid to the franchisor
Your marketing obligations
Performance targets, and what happens if there is a downturn in business
How the guarantee clauses work

Selling A Franchise

Selling a franchise is different to selling a ‘standard’ business.

Your franchisor will have an established process for selling a business within the franchise. This should be in your franchise agreement and operations manual. Although it will restrict what you can do, the process will also make the sale easier by providing clear steps to follow.

The obligations for the sale will vary by franchise. We can review the Franchise Agreement and Disclosure Document and providing practical, expert legal advice in relation to:

The franchisor’s first right to purchase the business
Approval by the franchisor of the potential buyer
Any assignment fee
The cost of training the new buyer
Restrictions preventing you from trading as a competitor or using the franchisor’s intellectual property after you have sold the business.