At the Goldstein Law Firm, our franchise business lawyers represent new and existing franchisees who have diverse needs and who have come to us at all stages of the franchise lifecycle, from pre-purchase due diligence to post-termination debranding. Unfortunately, in many instances franchisees contact us far later than they should, unnecessarily placing themselves at a disadvantage.
So, when should you seek assistance from a franchise business attorney? Here are five common scenarios where franchisees (and prospective franchisees) will benefit from promptly seeking legal advice and representation:
1. You Are Considering Buying a Franchise.
If you are considering a new franchise opportunity, you will need to hire an attorney to review the franchise agreement and Franchise Disclosure Document (FDD). An experienced franchise lawyer will also be able to compare your chosen franchise opportunity against industry standards and tell you which provisions of the franchise agreement your franchisor may be willing to negotiate.
2. Your Franchise Agreement is Getting Ready to Expire.
If your franchise agreement is getting ready to expire, you have two options: (i) let it expire, or (ii) seek to renew. In either case, you will benefit greatly from speaking with an experienced franchise lawyer. Franchise agreements typically contain strict post-termination obligations for franchisees, and if you plan to renew you will need to make sure you understand everything you need to do in order to avoid losing your franchise.
3. Your Franchised Business is Struggling.
If your franchised business is struggling, an experienced franchise lawyer will be able to assess your options and help you craft a strategy for moving forward. Are you at risk of default? Is it the franchisor’s fault that you aren’t able to turn a profit? What are your options for getting out of your franchise agreement? These are just a few of the questions you need to consider.
4. You Received Inaccurate Information Before You Signed Your Franchise Agreement.
If you recently discovered that your franchisor’s FDD contained inaccurate information or the franchisor’s representatives made misleading statements to convince you to buy in, you may be entitled to remedies under state or federal franchise laws. An experienced franchise lawyer will be able to advise you of your rights and your potential courses of action.
5. You Received a Notice of Default or Notice of Termination.
If you received a notice of default or notice of termination, the language of the notice is important – as is the language in your franchise agreement. State franchise laws may also provide you with additional protections. You will need to speak with a franchise lawyer who can help you make informed decisions and avoid mistakes that could lead to litigation.
Contact National Franchise Lawyer Jeffrey M. Goldstein
Jeffrey M. Goldstein is a national franchise lawyer who has over three decades of experience representing prospective, active and former franchisees. He is recognized as a top litigator for franchisees and dealers, and has represented numerous franchisees in many of the world’s leading franchise systems. To discuss your needs in a free, confidential consultation, call Mr. Goldstein at 202-293-3947 or request an appointment online today.