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well it depends if you’re buying from a
franchisor the franchisor has to give
you uh disclosure uh usually in the form
of an fdd they have to
provide you
with other documents that you have to
give to them you have to give them an
application you have to tell them about
your financial uh background you have to
tell them about the things that you’ve
done uh what your field is they assess
that and then if you if you qualify they
usually have a meeting so that they can
assess you personally if you get beyond
that stage now the franchisor gives you
all the documents that you have to sign
including of course the franchise
agreement the guarantee the software
agreement the confidentiality agreement
the trade secret agreement all the
various things that you have to sign as
a uh as a franchisee to become a
franchisee so the franchisor documents
are in that category
if you’re buying from a franchisee it’s
somewhat different because now you’re
buying a going business
so you’re still going to get a lot of
that disclosure but you’re going to get
financial information from the
franchisee that you’re buying from their
tax returns financial statements you’re
going to want to get their lease because
you’re going to be taking over their
lease and while the franchisee doesn’t
have to give you
uh disclosure
what really happens is that the
franchisor usually says well if you sell
an agreement franchisee your buyer is
going to have to sign the current form
of franchise agreement and that triggers
the obligation on the franchisors part
to give you that disclosure that we just
discussed
New York, NY franchise law attorney Richard L. Rosen explains how buying a franchise works.