What does a Franchising Lawyer do for Franchisees?
Existing BusinessIf the franchisee is purchasing an existing franchise business then the lawyer will need to:
1. Provide a review of the franchise agreement and disclosure document to the franchisee. This advice will outline any issues with the documents and provide advice about the contents of the documents;2. Provide advice in relation to the enquiries the franchisee should be making in the decision making process;
3. Undertake any negotiations with the franchisor;4. As the purchase is of a business it will be necessary to review the business sale contract, insert any necessary special conditions relating to the sale of a franchise business and act in the purchase which will include undertaking due diligence enquiries and all things usual in the purchase of a business;
5. Review and advise in relation to a lease for the premises;6. Liaise with the landlord in relation to a new lease or an assignment of the current lease;
7. Arrange for the execution of the franchise agreement and the lease; and
8. Settle the business sale.
New BusinessIf the franchisee is entering into a franchise agreement for a greenfield site or a new site the process is similar except that a business sale contract is not necessary.
General BusinessThe franchisee may also require advice and services about business structuring and general commercial and business law.