Franchise for Sale? Yes Please

by Macrossan & Amiet

May 5, 2016

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Franchises seem to be popping up everywhere and in every industry.  If you’re considering buying an existing franchise or establishing a franchise in fresh retail space, it is important that the legal and financial issues are not overlooked.

Below are a few important matters to consider before signing on the dotted line:-

  • Are other franchisees successful?

If you’re buying an existing franchise then the seller will most likely not be completely honest as to whether or not they would sign the franchise agreement again – because ultimately they want the sale.

However, the disclosure document from the franchisor will disclose other franchisees in your local area, state and even nationwide. Why not give another, or a few, franchisees a call to see if they would recommend entering into the franchise agreement. Asking them whether they are making any money and if the franchisor is decent to deal with are two questions which should be on the top of your list.

  • The yellow brick road

We often refer to the way out as the “yellow brick road”.

Does the franchise agreement give you a way out and if so in what circumstances?

  • Money, Money, Money

Franchise agreements often have varying amounts to be paid by the franchisee to the franchisor during the term of the franchise agreement and are not limited to a one off payment at the commencement of the franchise.

A franchisee’s financial obligations, like any business, are onerous and without proper understanding and knowledge of the financial obligations may become all too overwhelming.

Ask yourself, after taking into account all the amounts to be paid as a franchisee – can I still make money?

  • The Lease

If you need to rent a premise to operate your franchise business make sure the term of the tenancy and the term of the franchise agreement are the same.

If either your landlord or franchisor won’t accommodate the same term what will you do if with the premise if the franchise agreement ends (and the term isn’t extended) or where will you operate the franchise business from if the lease expires – the costs of setting up somewhere else will not be inexpensive.

  • Employees
Will you need employees and if so does the franchisor assist with any enquiries or documentation in this respect. If not, then you will need to be across your obligations as an employer and keep up to date with any Modern Awards which may apply, the employees’ rights and entitlements and of course the payment of wages, tax and superannuation.

 

If you would like any further information on buying a franchise please contact us.

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About the author

Macrossan & Amiet

Macrossan & Amiet Solicitors is one of Queensland’s oldest law firms. It has been serving the people of Mackay and the surrounding districts since the late 19th Century, providing quality legal services to all of its clients.

About Macrossan & Amiet Solicitors

For over 100 years, Macrossan & Amiet Solicitors has been a leading local law firm in Mackay, with offices in Proserpine and Cannonvale servicing the Whitsundays region. Our experienced solicitors provide professional legal services to individuals, families and businesses across regional Queensland.

Whether you need representation in court, assistance buying or selling property, or advice on protecting your assets, our Mackay lawyers are committed to achieving the best possible outcome for you.

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