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.

Franchise Lawyer in Miami Discusses Different Types of Franchises

Fitness franchises can be very lucrative, particularly in outdoor-oriented regions like South Florida. In recent years, fitness franchises specifically catering to women have become especially popular. These businesses fill a consumer need very well, and when run properly, a fitness franchise can be a terrific business opportunity. If you're interested in a fitness franchise, one of your first business decisions should be enlisting the help of a franchise attorney.

Restaurant Franchises

The restaurant franchise is perhaps the most well-known type of franchise. Such franchises may be casual "sit-down" dining restaurants, fast food businesses, frozen yogurt shops, and many other variations. They can be tremendously successful in areas that are underserved by restaurants. Entering into a restaurant franchise requires hard work and a keen understanding of how franchises work. Your franchise lawyer in Miami can guide you so you can make the most of this type of opportunity.

Printing Franchises

We may live in the age of electronic communications, but printing franchises still fill important needs for hard copy document production and related services. These franchises may also offer other in-demand services like photo enlargement, printing of wedding invitations, and creation of signs and brochures. A South Florida franchise lawyer can help ensure the success of your printing business.

Real Estate Franchises

Real estate franchises are, if anything, more popular than they were before the 2008 housing crisis. This type of franchise offers the security of a large corporation while allowing Realtors to sell houses and make money. Your Miami franchise lawyer can help you understand what is required of you when you buy a real estate franchise, including your marketing options, non-compete agreements, and selling requirements.

Your Franchisee Attorney and You

Working with a franchisee attorney from the start is highly recommended. He or she should have experience with different types of franchises, including the type you're interested in. South Florida is a great place to start a business, and franchises are a way for people to have a degree of autonomy while working with brands that have national recognition. Your franchise lawyer can help you get your franchise off to the best possible start.

Overview of Licensing from a Licensing Lawyer

A licensor is someone who has an idea, invention, or design that he or she licenses to established businesses. When someone licenses an idea, invention, or design, the manufacturing of products, marketing, and sales are done by the licensee. The licensor receives royalties on sales of the product. While being a licensor minimizes risk, it generally results in a smaller financial return than if the licensor manufactured and sold products directly.

How Licensors Make Money from Licenses

Licensors make money from royalties paid by licensees. They can increase income by licensing to multiple licensees. For example, suppose you created an original graphic design and licensed it to a t-shirt maker. The t-shirt maker pays you royalties on all sales of t-shirts with your design on them. You could also license your design to other licensees, such as a licensee making coffee mugs.

What Is a Licensee?

A licensee sells products using the design, idea, or invention of another company. For example, a poster maker may obtain a license to use someone else's graphic design on posters. Every time one of those posters sells, the licensee pays a percentage of the net sales to the licensor. A licensee "borrows" interest in a unique invention or design in order to make money selling products that use that invention or design.

How Licensees Make Money from Licenses

When a licensee gains licensing rights, he or she manufactures products with that brand or design and sells them, paying a percentage of sales to the licensor, but retaining the rest of the net sales. For example, if you wanted to manufacture socks with a designer name, you would apply for licensing rights, and if successful, manufacture socks with the designer's name or logo on them, paying a percentage of sales to the designer.

The Role of the Licensing Firm

Working with a licensing firm is critical whether you're a licensor or licensee. A good licensing lawyer can save you from an expensive mistake, help you protect your intellectual property, or help you avoid a lawsuit over improper licensing. Working with a licensing attorney from the start is highly recommended for both licensees and licensors.

Experience Is Critical in Your Choice of a Business Litigation Lawyer

In theory, breach of contract is simple: one party did not live up to the terms of a contract to which he or she agreed. In practice, however, breach of contract cases can be extremely complicated and require the services of a skilled commercial litigation lawyer to settle. For the business owner, breach of contract cases are the most common causes of legal action, but you shouldn't trust your case to just any commercial litigation lawyer.

Partnership and LLC Member Disputes

Disputes involving partnerships and limited liability companies may be similar to breach of contract cases, but settling them often requires a business attorney with experience in mediating and litigating this specific kind of problem. Emotions can run high in partnership or LLC disputes, which is why it's important to work with an attorney who can work with the facts of the case.

Mergers and Acquisitions

Mergers and acquisitions can represent exciting opportunities, but to be done successfully, they must clearly spell out what happens to all parties after the transaction occurs. Sometimes stockholders object to terms of a merger, and in some cases acquisitions can be "hostile." A skilled and experienced legal team is vital to the success of a newly merged or acquired business.

Emergency Business Litigation Cases

With some business situations, parties must act quickly, and your commercial litigation attorney can make the difference between a clean and fair confrontation and a legal disaster. Sometimes cases arise where preliminary injunctions or temporary restraining orders are necessary, and you need a business attorney with the proven track record to represent your interests aggressively.

Does Your Business Litigation Lawyer Have a Proven Track Record?

When it's your business at stake, you don't want to rely on just any business litigationlawyer. Look for experience specific to your situation and look for someone with a proven track record of success. Ask specifically if an attorney has experience in construction disputes, real estate transactions, franchising, stockholder disputes or whatever type of legal problem you face. Business law can be tremendously complex, so you need legal counsel that has demonstrated skill in cases like yours.

Hiring a Franchisee Attorney Is an Investment in Your Success

If you are a franchise owner, you may believe that you are in an unequal position when bargaining with your franchisor and in many cases you would be correct. Dealing with a franchisor effectively almost always requires legal guidance from franchisee lawyers with experience serving franchisees. A franchise attorney can help you with renewal of your franchise contract, transfer or sale of your business, relocation, and franchise default or termination.

If You Are Considering Buying a Franchise

In theory, owning a franchise is a great way to be your own boss and achieve financial success. In many cases this is true, but if you are considering buying a franchise, you want to go into it with all the facts you need. A franchisee lawyer can review your franchise disclosure document, help you negotiate your franchise agreement, review related agreements like software licenses, and help you negotiate your lease for your franchise location.

The Franchise Contract

You should never sign a franchise agreement without having it thoroughly evaluated by a franchise attorney. He or she can help you negotiate changes to terms that are unreasonably onerous to you, and can help you determine which state's laws govern any potential disputes in the future.

Wrongful Termination of a Franchise

Sometimes franchisors attempt to terminate a franchise agreement or refuse to renew it without a valid reason. Sometimes franchisors do this in order to take over the franchise location, and unfortunately, some franchisors engage in discrimination based on race, religion, or another illegal reason. Experienced franchisee lawyers can, in some cases, prevent franchisors from terminating a contract or refusing to renew it.

When Litigation Is a Possibility

Sometimes franchisors engage in activity that forces franchisees into business practices that cause the franchise to fail. The franchisor may encroach on the area around the franchisee's business until the franchise fails so that the franchisor can take it over. A franchisor may sell franchises only to collect the initial franchise fees, while knowing that the new franchise will most likely fail. This is illegal, and a good franchisee attorney can help you put a stop to it.