Buying A Business Requires Expertise In The Franchise And Dealership Law Illinois Firms Handle

By Janet Schmidt


A lot of people are happy to work for others throughout their lives. There are others who prefer to go into business for themselves by purchasing a franchise that gives them the opportunity to become an independent business owner offering a product or service with instant name recognition and an established reputation. If this is something that interests you, you need someone experienced in the franchise and dealership law Illinois firms handle for franchisees.

The Federal Trade Commission requires all franchisors to provide potential franchisees with a copy of their Franchise Disclosure Document or FDD, which outlines the terms and conditions involved in this business partnership. These documents tend to be complicated, lengthy, and full of legal language unfamiliar to most. You will need a good lawyer to go over this paperwork carefully, explain it to you thoroughly, and point out any areas of concern.

As the process continues, you will be expected to sign a contract agreement between the franchisor and yourself that will be drawn up by their legal staff. This agreement outlines the specific terms and conditions of your personal agreement with regard to franchising. Included in the agreement will probably be items like insurance, transfer restrictions, dispute resolution, and audit rights.

Unless you are already familiar with franchises, you probably won't know whether the documents you are expected to sign are standard or not. This is especially true if you don't have anything to compare them to. A good attorney will be able to go over the documents and point out any items that should cause you concern.

The franchisor's legal team may inform you that contracts are non-negotiable, but you should turn this area of the proceedings over to your lawyer. Most of the time there will be no option to amend royalty structures or initial fees, but other items may be open for discussion. These can include non-compete clauses, indemnification, audit expenses, territory protection, and transfer of ownership.

In addition of the actual franchise documents and agreements, there are other business considerations for which a good attorney can be invaluable. These include what type of business entity you are going to create such as a corporation, a limited liability or limited partnership. You might need assistance negotiating leases, hiring key personnel, and establishing ownership agreements.

Not all lawyers have expertise in this field, and before you hire someone, you need to do some research and ask some questions. You should feel free to ask this professional how many franchises he or she has worked on and how many disclosure documents they have actually read. If the lawyer is someone who gives lectures to other professionals or has published articles in this field of the law, you will want to know that.

Franchises can be great opportunities for the right people. If you are considering trying it, you need to contact an experienced professional to help you navigate the process. It can make all the difference in the long run.




About the Author: