Before signing on the dotted line be sure your due diligence is complete
The items that they should review include:
- That the Uniform Franchise Offering Circular (UFOC) provides the required disclosure including format and content and complies with FTC regulations.
- If the Franchisor is selling from or into a franchise registration state that it is registered or has filed in order to offer franchises.
- That key commitments or promises made by the franchisor are reflected in the franchise agreement. Specific sections, to include Franchisor Obligations, should include these items.
- That the franchise agreement does not contain any onerous provisions for the franchisee. An example would be a non-compete provision that exceeds franchisee obligations that have been struck down by the courts.
- The financial statements of the franchisor demonstrate the ability to service and support its franchisees.
- Any negotiated items between the franchisee and Franchisor are properly documented.
In today’s world of virtually unlimited information prospective franchisees need to access competent franchise advice. Performing a complete and thorough due diligence on the franchise opportunity and franchisor is the most effective way to protect your investment and minimize your risks.
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