New York City Franchise Lawyer
As a franchisee, protecting your investment is not easy. From growing a business with only limited training and operational support (not to mention additional financial obligations) to asserting your rights under a franchise agreement that is heavily one-sided, in order to find success you must be prepared to succeed not with, but in many respects in spite of, your franchisor.
Trust us, we know. As a franchise law firm that exclusively represents franchisees and dealers, we have been helping franchisees overcome the obstacles imposed by their franchisors for more than 30 years. From negotiating terms that help level the playing field to representing franchisees in disputes involving anti-competitive conduct and wrongful terminations, we have broad experience representing new and existing franchisees in virtually all franchised industries. For many, buying a New York City franchise can be a rewarding experience. For others, it can be a nightmare. We seek to help our clients find success, and we fight to protect them when their franchisors go too far.
New York City Franchise Lawyer Jeffrey M. Goldstein Answers Your FAQs
Q: I’m considering a franchise. Do I need to have a lawyer review the Franchise Disclosure Document (FDD) and franchise agreement?
Anyone considering a franchise opportunity should have the franchisor’s FDD and franchise agreement reviewed by an experienced attorney. There are several important issues to assess in the FDD, and you need to make sure you have a clear understanding of the obligations and restrictions imposed by the franchise agreement so that you can make an informed buying decision.
Q: Can I negotiate the terms of my franchise agreement before I sign?
Potentially, yes. While franchise salespeople will often suggest that there is no need to negotiate or that their franchise agreements as non-negotiable, this is largely a sales tactic, and most franchisors will consider reasonable requests to impart some fairness into their agreements. We are frequently successful in negotiating several key provisions of our clients’ franchise agreements.
Q: Can my franchisor terminate my franchise or refuse to renew my franchise agreement without cause?
This question is far more complicated than it seems. Generally speaking, franchisors must have some good-faith basis for terminating or refusing to renew. However, the good-faith threshold is far from clear, and franchisees routinely find themselves needing to take legal action in response to wrongful terminations and refusals to renew.
Q: Can my franchisor fix my retail prices and prevent me from selling outside of my territory?
While franchisors can generally place territorial restrictions on their franchisees’ operations (ostensibly to provide “exclusive rights” to franchisees), state and federal antitrust laws limit the control that franchisors can exercise for anti-competitive purposes.
Q: If I have a dispute with my franchisor, am I required to go to arbitration?
Maybe. It depends on the terms of your franchise agreement. Many franchisors use “mandatory arbitration” provisions to limit franchisees’ options for protecting their rights; and, if you are facing a dispute with your franchisor, one of the first questions you will need to answer is whether your agreement includes a legally-enforceable arbitration requirement.
Goldstein Law Firm | Franchise Lawyer for New York City Franchisees
If you are thinking about buying a franchise in New York City or facing a dispute with your franchisor, you can contact the Goldstein Law Firm for a free consultation. To speak with experienced franchise lawyer Jeffrey M. Goldstein, please call (202) 293-3947 or contact us online now.