Franchise-Specific Issues

When buying or selling a franchise, there are a number of franchise-specific issues to consider, including, among other things:

  • Obtaining franchisor approval of the buyer;
  • Obtaining franchisor approval of terms of the purchase agreement;
  • Potentially giving a right of first refusal to the franchisor;
  • Transfer fees and the question of whether paid by buyer and/or seller; and
  • Requirement that buyer enter into franchise agreement with franchisor.

These are some of the reasons that you should work with franchise lawyers when buying or selling a franchised business.

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SUCCESS

Successful Representation

The firm works with clients throughout the country to ask and answer critical questions before buying a franchise, including:

  • Is the franchisor in good health?
  • Has the franchisor had experience in your part of the country?
  • Is the business subject to special regulation?
  • Are the trademarks good?
  • Is their history of litigation particularly bad or does it tell a particular story?
  • How confident are you that you are cut out for this business?
  • Have you talked to existing franchisees?
  • Do you understand the franchisor’s obligation to provide training and support?

We have successfully represented clients buying and selling franchises, including multi-unit franchisees selling for more than $10 million and smaller single unit franchises for less than $50,000. We tailor our work to the deal and find a balance between efficient and thorough representation. Read some of our testimonials below.

Results

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Association Negotiation

Worked with franchisee association in renegotiating terms of franchise agreement for entire system, allowing for greater cooperation with franchisor.

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Startup Helper

Assisted new brewery client to form business entity, comply with securities laws, register trademarks, and negotiate lease.

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Selling a Cannabusiness

Litigated and helped resolve an internal shareholder dispute about ownership of a cannabis business.

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Testimonial

Elliot Ginsburg has been representing my edibles business in Minnesota since it became legal to sell low-dose hemp edibles. He’s been wonderful to work with and I would highly recommend him to other cannabis businesses. He is quick to respond and will email cannabis law updates that he finds are pertinent to my business.

-Ranelle Kirchner

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