The Quest for Net Zero - Content Group

Purchasing a franchise

Is purchasing a franchise a viable option for your company? Should it be?

10 MIN READ

Calling it Quits If a franchisee fails to meet the obligations spelled out in the contract, there are consequences. “When someone does something they contractually said they would not do, we have to stand up and say don’t do that. The result could be losing the franchise,” Sloan says.

“That’s why we are tougher in up-front qualifying,” Dwyer says. “If they can’t make it through the qualifying, they will not make it through the blows of a new division.”

Whether a franchisee is not meeting requirements or they want to sell the franchise, franchisors have rules that govern getting out, all of which are spelled out in their contracts. Some buy back the franchise, while others offer services to help the franchisee sell. Others allow sales but regulate whom the franchisee can sell to.

Maile says he likes being held accountable by DreamMaker. “I wanted to be pushed. Had it been less demanding, I would have been more suspicious about spending the money to purchase,” he says. “The demands were in proportion to what I was paying.”

Before You Buy Federal law requires franchisors to give potential buyers a Uniform Franchise Offering Circular (UFOC). This packet includes contact information for previous purchasers, financial statements of the seller, background of key executives, and the cost of starting and maintaining the business.

The Federal Trade Commission offers suggestions on what to do before you purchase a franchise.

  • Study the disclosure document and proposed contract carefully.
  • Interview current owners in person. Don’t rely on a list of references selected by the company. Ask owners how the disclosure document information matches their experiences.
  • Investigate claims about your potential earnings. Companies must provide a written basis for their claims.
  • Sellers also must tell you in writing the number and percentage of owners who have done as well as they claim you will.
  • Shop around. Compare franchises with other business opportunities.The Franchise Opportunities Handbook, published annually by the U.S. Department of Commerce, describes more than 1,400 franchisors.
  • Listen carefully to the sales presentation. A seller with a good offer doesn’t use high-pressure tactics. Under the FTC rule, the seller must wait at least 10 business days after giving you the required documents before accepting an agreement.
  • If a seller balks at putting verbal promises in writing, be alert to potential problems and consider doing business with another firm.
  • Consider getting professional advice. Ask a lawyer, accountant, or business advisor to read the UFOC and proposed contract.
  • For more information, visit www.ftc.gov/bcp/conline/pubs/invest/franchse.htm

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