If a franchise opportunity is misrepresented to me, can I get my money back? The answer to that question in terms of a franchise opportunity being oversold is assuming we can prove that the rules that apply to the sale of a franchise, statutory rules and common law principles like misrepresentation and fraud, if those rules have not been honored. If something has been breached, then the appropriate remedy is you can end that relationship even if the writing you signed says you can’t get out early, and you can be made whole with restitution damages.

Restitution meaning enough to restore you to the financial position you were in when you entered this relationship. So the answer tends to be, yes, to the question you asked. And let me say this, it’s often times the question of proof. On the one hand, can we prove that the franchise salesman said this made an earnings claims, for example, in ways that aren’t allowed by the laws that apply to the franchise, such as an oral representation of what you can expect to make, different than that’s set forth in the franchise disclosure document.

If we can prove that indeed your experience was different than what that salesperson told you it would be, you’re entitled to get out and get your money back.