When buying a new or established Franchise business it is essential that you obtain independent legal advice. This is particularly so as in most cases the Franchise Agreement and any marketing material contain significant disclaimers and no reliance clauses that affect your ability to rely on anything you have been told by the Franchisor.
This is a confidential procedures manual that you won’t be provided with until you have signed a Franchise Agreement and usually have paid a substantial Franchise Fee. Whilst some insights into the success of the Franchise can be gained from a Franchise Disclosure Statement it is essential that prospective Franchisees speak to other existing or former Franchisees about the real financial and personal commitment required to operate the Franchise business successfully and the level of support that can be expected from the Franchisor.
In most cases, this will result in the Franchisee accepting that they have suffered loss or finding themselves in a dispute and typically legal seeking advice in relation to misleading and deceptive conduct under The Australian Consumer Law.
Whether you are a Franchisee or Franchisor, to operate a successful business and avoid disputes you need:
We work closely with our clients to help them assess and appreciate the practical aspects of owning and operating a franchise business.
Our Franchise Lawyers assist with:
For people who have a successful business and are interested in expanding by granting Franchises of their business, obtaining practical advice about what is involved in the day to day operation of Franchisor business is essential from the outset. From a Franchisor’s perspective, a Franchise relationship is not unlike having a child. Once you have […]
Buying a Franchise is a bit like getting married. You are making a long term legal commitment to another party who you hopefully know and can trust. The failure of the marriage can have significant financial implications. However, unlike a marriage, where around 50% of your assets are at risk if it breaks down, you […]
Over the years I have advised both Franchisors and Franchisees in relation to Franchise Agreements and Franchising issues generally and have also acted in relation to numerous disputes on behalf of Franchisees. You may be surprised by these are some real life examples of what I have seen happen: A Franchisor induced a Franchisee to […]
“I have undertaken 3 separate franchise ventures and on each occasion I asked Samuel Roberts to provide his expert legal opinion and advice regarding the franchise documentation, the business being conducted and various leasing arrangements and finance options.
Samuel displayed a great depth of knowledge in all of these areas and has been instrumental in securing favourable agreements in negotiations with both franchisors and landlords.
As a direct result of Samuel’s advice and negotiating skills my businesses have performed at a higher than expected level.
Samuel also maintains a high level of communication which has been of particular benefit to me and I would have absolutely no reservation in recommending the services of Roberts Legal to anyone considering entering into any form of Franchise operation”
Darren MacClure, Director,
Dazmak Pty Limited
“We used Roberts Legal for advice in relation to the renewal of our Franchise Agreement. In the past our renewals have been daunting. The service was excellent. We were very confident in their ability to handle our matters. We have already recommended Roberts Legal to other Franchisees with respect to their thoroughness and handling of our franchise renewal.”
Allan & Lorraine Beeby, Donut King Glendale
“I was referred to Sam Roberts for advice due to the dire financial situation my wife and I found ourselves in as a result of the failure of our business and pressure from our Franchisor. I was very happy with the advice regarding insolvency issues for my company and options for my wife and I in relation to bankruptcy and alternatives. Sam was very professional and his advice was practical, clear and easy to understand. I was absolutely satisfied with the level of service and communication.”
Anonymous
Call us on 1300 553 343 or fill out the form below. We will arrange for one of our Solicitors experienced in the area of law relevant to your case to contact you to evaluate your case obligation free.
Call us on 1300 533 343 or fill out the form below to arrange a Fixed Fee Smart Start Consultation with one of our Family Lawyers.
