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SOME KEY BUSINESS ISSUES IN BUYING A FRANCHISE

Bundy & Fichter PLLC April 10, 2023

Franchising is a popular way for entrepreneurs to start their own businesses while benefiting from the support and established brand of an existing company. However, buying a franchise is not without its challenges. In this blog post, we will explore the key issues that potential franchisees should consider before investing in a franchise.

  1. Franchise Fees

One of the biggest issues to consider when buying a franchise is the franchise fee. This fee is the initial cost of purchasing the right to use the franchisor's business model and trademark. Franchise fees can vary widely depending on the franchisor, the industry, and the location, and they can range from several thousand to several hundred thousand dollars. In addition to the franchise fee, there are often ongoing royalty fees and marketing fees that franchisees are required to pay. Before investing in a franchise, it's important to carefully consider the financial implications of these fees and whether they are a sustainable investment for your business.

  1. Contractual Obligations

Another important issue to consider when buying a franchise is the contractual obligations that come with it. Franchise agreements are typically lengthy and detailed, and they outline the terms and conditions of the franchisor-franchisee relationship. These agreements often include restrictions on how the franchisee can operate the business, such as requirements for purchasing supplies from the franchisor or limitations on the products and services that can be offered. Before signing a franchise agreement, it's important to thoroughly review it with the help of a lawyer to ensure that you understand all of the terms and obligations. The experienced franchise lawyers at Bundy & Fichter PLLC are available to help you understand your obligations and restrictions.

  1. Support and Training

One of the benefits of buying a franchise is the support and training that the franchisor provides. However, the level and quality of support can vary widely among franchisors. Some franchisors offer extensive training and ongoing support, while others provide only minimal assistance. Before investing in a franchise, it's important to research the franchisor's support and training programs and to talk to existing franchisees to get a sense of their experiences with the company.

  1. Brand Reputation

Another key issue to consider when buying a franchise is the reputation of the franchisor's brand. A well-established brand can be a major asset for a franchisee, but a brand with a poor reputation can be a liability. Before investing in a franchise, it's important to research the franchisor's brand reputation and to talk to existing franchisees to get a sense of how the brand is perceived in the market.

  1. Territory and Competition

Most franchisees receive no territorial protection.  A few receive exclusive territories, but the size and scope of these territories can vary widely. It's important to carefully review the franchise agreement to understand the size and scope of the territory and to research the competition in the area. In some cases, the territory may be oversaturated with similar businesses, are too small, or nonexistent, making it difficult for the franchisee to succeed.

In conclusion, buying a franchise can be a lucrative and rewarding way to start your own business, but it's important to carefully consider the key issues before making an investment. By thoroughly researching the franchise opportunity, reviewing the franchise agreement, consulting with an experienced franchise lawyer, and talking to existing franchisees, you can make an informed decision and increase your chances of success. The lawyers at Bundy & Fichter PLLC are happy to work with you to achieve your business goals.