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Buying a franchise resale is a popular way to become a business owner in the United States. A franchise resale is buying an existing franchised business that has been owned and operated by a previous franchisee. According to the International Franchise Association (IFA), there were an estimated 780,000 franchise establishments in the U.S. in 2021. A significant number of those ...

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When we hear the word “franchise,” most likely the image of the Golden Arches and McDonald’s comes to mind. McDonald’s truly is one of the most successful franchises, with its presence now spanning the globe and generating billions in sales.

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While the website Statista reports 753,770 franchises were operating in the United States in 2020 (with McDonald’s and 7-Eleven ranking one and two revenue-wise), Entrepreneur magazine’s 2022 Franchise 500 Ranking lists Taco Bell and the UPS Store as the best opportunities for new franchisees.

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The North American Securities Administrators Association (NASAA) recently released for comment a proposed Statement of Policy on questionnaires and other disclaimers in franchise documents. The deadline for comments is January 5, 2022.

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In 2020, according to the website Statista, there were 753,770 franchise establishments in the United States, employing 7.49 million people. Under a franchise agreement, a franchisee can utilize the franchisor’s business model and ideas.

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For a prospective franchisee, one of the best ways to learn about a franchise is to talk to current franchisees. Franchisors are required to list current franchisees and franchisees who have recently left the system in the Franchise Disclosure Document. Before purchasing a franchise, a prospective franchisee should contact as many current and former franchisees as possible.

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If you are considering buying a franchise, you should beware of boilerplate disclaimers. They come in many forms. Some are buried in the fine print near the back of a thirty-page franchise agreement. Many are duplicated in a separate document back near the receipt in the FDD.

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It was inevitable. The franchise sales engines have been spewing speculative claims about what we might call “pandemic opportunities”. The story is that many restaurants (estimates range from 3% to 50%) will close permanently because of the pandemic and the corresponding recession.

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If you decide to go into business with a friend or family member, you should think twice and then get your deal documented better than you would need to with a stranger.

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