Franchise law is a complex beast. Most of the time, franchisees are making one of the biggest investments of their lives. You may even be putting up your whole life’s savings. So it’s crucial to minimise your risk. And a franchise lawyer can make sure you’re getting it right before you enter into any franchise agreement.
At Stevensen Business Lawyers we focus on helping the ‘little guys’. These are the start-ups or individuals who buy into a franchise system or who are considering buying a franchise business from an existing franchisee.
We can advise you on the potential issues arising from the franchisor’s franchise documents. We can help ensure that you’re getting into a situation that works for you. And if things go wrong, we can also advise and represent you in disputes under existing franchise agreements.
What We Do as Franchise Lawyers
There are three key ways the SBL franchise lawyer team can assist current franchisees – or someone hoping to become a franchisee. Whether you’re looking to buy, looking to sell or experiencing a franchising dispute, we can help by:
- Offering legal advice on a proposed franchise agreement.
- Preparing, reviewing or negotiating the sale of a franchise agreement.
- Advising and representing you in a franchising dispute.
Offering Legal Advice on a Proposed Franchise Agreement
If you’re looking to buy a franchise, or you’re renewing or extending one, we can:
- Help you conduct your due diligence on the franchise system proposed by a franchisor.
- Review the franchisor disclosure statement and advise on its compliance or otherwise with the Franchising Code of Conduct under the Competition and Consumer Act 2010 (Franchising Code)..
- Review the franchise agreement proposed by the franchisor, advise on the legal risks involved and provide a legal advice certificate.
- Draft proposed updates to franchise agreements and negotiate those changes with the franchisor.
- Review existing or proposed retail tenancy lease agreements, licence of retail premises agreements or commercial lease agreements, and negotiate their terms on your behalf with the landlord or licensee of the premises.
Preparing, Reviewing or Negotiating a Sale of Franchise Agreement
As franchise lawyers, we can help you sell a franchise and prepare the sale of franchise agreement.
Alternatively, we can help you buy an existing franchise from a franchisee. We will also help review and negotiate the legal terms of the sale agreement on your behalf.
Advising and Representing You in a Franchising Dispute
We can also advise and represent you with the aim of resolving franchise disputes. And we can help you clarify your legal position by advising you on:
- Termination of the franchise.
- Alleged breaches of the franchise agreement and breaches of the Franchising Code, such as breach of the obligation to act in good faith.
- Failures by the franchisor to comply with disclosure requirements under the Franchising Code.
- Unfair contract provisions in the franchise agreement.
- Misleading representations, misleading and deceptive conduct, and unconscionable or unfair conduct by the franchisor.
- Disagreements about third-party suppliers appointed by the franchisor.
- Misrepresentations of earnings by the franchisor or seller of a franchise businesses.
- Responding to correspondence you have received from the franchising lawyer representing the other party to a franchise dispute.
We can also prepare the Notice of Dispute under the Franchising Code and negotiate with the other party’s legal advisors to settle the franchise dispute without legal action.
And if further legal action is necessary, with SBL you can be sure you’re getting the expertise you need. We draw on our extensive experience as litigation lawyers and franchise lawyers to represent you in any mediation about the franchising dispute under the Franchising Code or in litigation.
GET IN TOUCH
Contact our team of Sydney business lawyers to discuss your current situation and your franchise objectives. Our expertise and experience will assist you to push forward and fight for the results you desire.
Frequently Asked Questions
We charge a fixed fee for reviewing the franchise documents and providing you with a report on our review and the Legal Advice Certificate. The fixed fee will depend on the complexity and quality of the franchise documents and the sale agreement (if any).