Category Archives: Franchise Law

Should I franchise my business? How should I decide?

Franchising is often a fast, efficient, and effective method of expanding an existing business. Businesses in over 120 different industries have used the franchise model to facilitate growth, and it’s easy to understand why.  When you franchise your business, franchisees … Continue reading

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What Is franchising?

Franchising is a method for expanding a business and distributing goods and services through a licensing relationship that allows a franchisee (the person or company granted a license) to operate a business under the franchisor’s (the person or company granting … Continue reading

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What happens to my franchise when I retire or pass away?

In the 1980s, the franchise business model experienced something of a market bubble. But now, franchisees that started their businesses during the bubble are beginning to retire, or in some cases, pass away. What happens when a franchisee retires or … Continue reading

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Can I sell my franchise to someone else?

Acquiring a franchise grants you several important branches in the property rights bundle of sticks. Chief among these is your right to re-sell your franchise. Franchise agreements that place absolute barriers on your right to sell your franchise are void … Continue reading

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Can I negotiate the franchise fee?

While many aspects of the franchise agreement are completely negotiable, franchise fees often are not. Federal law requires that franchisors notify all prospective franchisees of any material change given to any prospective franchisee. So if the franchisor negotiates a new … Continue reading

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What is a franchise agreement?

A franchise agreement is a binding contract between franchisee and franchisor that reflects the mutual obligations each owes to the other. The franchise agreement governs the entirety of the relationship between the franchisee and franchisor and contains all of the … Continue reading

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What is a franchise lawyer?

A franchise lawyer is an attorney who possesses the unique knowledge and skill required to help facilitate the purchase, sale, formation, and success of new and established franchises. A franchise lawyer representing a franchisor can help prepare and draft Franchise … Continue reading

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Are franchise laws regulated by the federal or state government?

Franchisees in Illinois have to play by an intricate set of rules encompassing regulation by both state and federal government, which both impact franchise laws. In Illinois, the sale of a franchise is regulated by the Illinois Franchise Disclosure Act of … Continue reading

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What is a Franchise Disclosure Document (“FDD”)?

A Franchise Disclosure Document (FDD) is a complex legal document that the Federal Trade Commission (FTC) requires franchisors to provide to potential franchisees before entering a formal franchise agreement.  Franchise Disclosure Documents protect potential franchise buyers by providing them with comprehensive … Continue reading

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