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uh if we’re representing the franchisee
uh and they are usually the usually not
always but usually the party that’s
actually entering into the lease so we
want to make sure obviously we review
the lease from a general landlord-tenant
uh
view we’re very knowledgeable in real
estate we’ve we’ve written uh for
real estate uh
in several franchise international
publications so we’re very aware of the
real estate issues but there are some
specific issues we want to make sure are
in there that if the franchisee
wants to sell its franchise and if
they’re selling to somebody who’s within
the system we’d like to provide that the
landlord agrees in advance that if it’s
another franchisee in the system
approved by the franchisor that we don’t
have to go through a negotiation with
the france with the landlord to get
their consent there’s a consent that’s
already in the agreement if we’re
representing the franchisor of course
the franchisor
is going to be
potentially bound by the franchisees
lease but we also want to make sure that
the franchisor has other rights that if
there’s a default that they’re notified
and they have a right to cure if there’s
a default in the franchise agreement
that the franchisor can step in and take
over the lease and also if the
franchisee is not operating let’s say up
to par
the franchisor may want to have what we
call step in rights and so we want to
make sure that the landlord agrees that
the franchisor can can do that without
having to take over the lease unless
unless it chooses to
New York, NY franchise law attorney Richard L. Rosen shares how he assists franchisors and franchisees with real estate leases and purchases.