Turn to Franchise Attorneys in Miami When Changes Affect Your Franchise

Getting out of a franchise can be complex and painful. Your franchise agreement may contain non-compete covenants prohibiting you from owning a similar business for a year or more. If you want to get out of a franchise, selling it is the easiest way, but that's not always possible. Franchise attorneys in Miami can help you explore all your options for getting out of a franchise.

Selling Your Franchise

Selling a franchise is different from selling an independent business. Franchisors sometimes say they will help you find a buyer if you want to sell, but when it comes down to it, they're often not much help at all. What's more, many franchisors charge big franchise transfer fees and fees for training new owners. It may sound counterintuitive to have an exit plan when you first buy a franchise, but it's a smart move.

When Mergers and Acquisitions Affect Your Franchise

Franchisees may call upon a franchise law firm when their franchisor is part of a merger or acquisition. When this happens, the franchisee often feels like the business they have ended up with is not the business they thought they were buying. When your franchisor is taken over by new owners, your franchise may become a pawn in corporate games you want no part of. A franchise lawyer can help you protect your rights when a merger or acquisition changes your business.

When Termination or Non-Renewal Threatens Your Business

Getting a termination notice from your franchisor is like getting fired. You may have signed an agreement preventing you from working in a similar business for a certain period of time after termination, and this can seriously affect your ability to earn a living. A franchise lawyer can help you understand what your options and rights are as a franchisee. You may be able to stop the termination, or be awarded damages if you were wrongfully terminated.

Work With a Franchise Law Firm From the Beginning

Get your franchise off on the right foot by working with a franchise lawyer from the beginning. You can prevent problems and understand better how to proceed should problems occur.

The Business Litigation Attorney and Franchises in Florida

The Federal Trade Commission states that a franchise is a business relationship with three specific elements:

           ·          The licensing of a right to use a trademark or trade name

           ·          The payment of a franchise fee (including up front and ongoing fees)

           ·          Some type of marketing plan, control, or assistance on the part of the franchisor

Franchises are governed by federal and state laws. A business attorney may deal with franchise disputes as part of his or her practice.

Franchise Disclosure Documents

Franchise disclosure documents (FDDs) require disclosure of 23 separate items to prospective franchisees. One of the most important disclosures is representations of financial performance, and a franchise lawyer often gets involved with disputes regarding this particular disclosure.

Unfair or Deceptive Practices

Franchisors must be very careful not to make assertions or statements that contradict the statements in the FDD. When a franchisor makes general misrepresentations, overstatements, or misstatements, he or she may be the target of litigation by a franchisee who expected a more favorable financial outcome. A franchisor's assertions may or may not rise to the level of fraud.

Is it Fraud?

A business litigation attorney with experience in franchise litigation may have to deal with franchisee allegations that a franchisor committed fraud. Fraud indicates intentional false statements were made, and is harder to prove than assertions of other state franchise law violations. A franchise lawyer works with a franchisee and advises whether state franchise laws were breached or whether a franchisor committed fraud by deliberately making false statements in order to sell a franchise.

Violations of Florida's Franchise Act

Charges of unfair or deceptive practices often have to do with financial performance disclosures in an FDD. A franchisor is not allowed to provide a prospective franchisee with earnings or sales projections beyond what is required in the FDD, and information disclosed in an FDD must not be misleading. If you are thinking of buying a franchise, your smartest move is to work with a franchise attorney from the very beginning to prevent misunderstandings and to know how to interpret information in your FDD.

How Franchisee Law Firms Help Build American Dreams

Running your own franchise can be a dream come true, or it can be a nightmare. While franchising itself is a great way to have your own business, there are dishonest franchisors who are very good at separating franchisees from their money. A franchisee attorney knows franchise contracts and what the responsibilities are for both franchisor and franchisee. Having a franchise attorney on your side can get you off to a great start.

What Does the Franchise Disclosure Document Say?

The franchise disclosure document, or FDD, is provided by the franchisor, and certain information is required to be disclosed in this document. Franchisee law firms have the expertise necessary to understand these documents and help franchisees know exactly what they can expect. Don't wait until you've paid the franchise fee. Work with a franchise attorney from the start to protect your interests.

Information is Power

The more you know about your franchisor and what the terms of the franchise agreement are, the more likely you are to make a good decision about whether to sign a franchise agreement. There are legal issues with franchising that can be very complicated, but a franchisee attorney can explain these issues to you so you have the knowledge you need to make a good choice about which franchise is a good fit for you.

When Your Contract Isn't Renewed

Sometimes everything is going fine for several years, but then the franchisor decides not to renew your franchise contract. If you find yourself in this situation, you should contact your franchise lawyer and explain the situation. You may have legal recourse, and if so, your lawyer can help you understand your options and choose how to proceed.

When You Are the Victim of Franchise Fraud

Unfortunately, franchise fraud is a problem. Some franchisors make unrealistic claims or otherwise refuse to live up to the terms of franchise contracts. A franchise law firm can be your staunchest ally when you become the victim of franchise fraud. Franchisors who engage in fraud need to be stopped, and with the help of an experienced franchisee lawyer, these franchisors can be held accountable.