As franchise lawyers, we focus on helping the “little guys,” the start-ups 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 franchise documents given to you by the franchisor.
We can also advise and represent franchisees in disputes under existing Franchise Agreements.
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 in several ways, including:
- Helping you conduct your due diligence on the franchise system proposed by a franchisor;
- Reviewing the Franchisor Disclosure Statement and advising on its compliance or otherwise with the Franchising Code of Conduct;
- Reviewing the Franchise Agreement proposed by the franchisor, advising on the legal risks involved, and providing your Legal Advice Certificate;
- For newer franchise systems, drafting proposed updates to Franchise Agreements and negotiating those changes with the franchisor;
- Reviewing the existing or proposed Retail Tenancy Lease Agreement or Licence of Retail Premises Agreement or Commercial Lease Agreement and negotiating their terms on your behalf with the landlord or licensee of the premises.
SELLING A FRANCHISE OR BUYING A FRANCHISE FROM A FRANCHISEE
We can help you sell a franchise and prepare the Sale of Franchise Agreement.
We can help you buy an existing franchise from a franchisee, including reviewing and negotiating the legal terms of the Sale Agreement on your behalf.
HELP FROM A FRANCHISE DISPUTE LAWYER IN A FRANCHISING DISPUTE
We can advise and represent you in resolving franchise disputes by helping you clarify your legal position by advising 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 vendor of franchise businesses.
We can 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. We can draw on our extensive experience as litigation lawyers to represent you in mediation about the franchising dispute under the Franchising Code, or in litigation.
Contact us now for a quote or call us and speak to a franchise lawyer about your current requirements.
Frequently Asked Questions
We charge a fixed fee for reviewing the franchise documents and providing you with a report with the results of our review and the Legal Advice Certificate. Just as each franchise system varies, the fixed fee we charge you will depend on the complexity and quality of the franchise documents received from the franchisor and the sale agreement (if any) received from the existing franchisee.