Whether you are negotiating franchise agreements, submitting franchise registrations, or engaging in any other activities related to franchise law, having an experienced franchise lawyer who understands how state and federal franchise regulations interact is key to your success.
What is Franchise Law?
Franchise law is the body of law related to franchised businesses. It covers how they operate, how they are created, and how they are terminated. It also deals with the relationship between franchisors (the company or person who grants a franchise) and franchisees (the company or person who pays to be given a franchise). Franchise law is a complex combination of federal, state, and common law.
Franchise Law Services in Miami
Franchise lawyers specialize in how these laws interact and can therefore offer advice on managing the legal intricacies of franchise relationships, franchise registrations, franchise terminations, and everything else related to them.
Franchise Agreement Review
A franchise agreement is a legal contract that contains all the terms and conditions that govern the relationship between franchisors and franchisees. Different franchises have different terms and conditions, which potential franchisees should consider carefully before signing into the program.
Let our franchise lawyers review your franchise agreement to determine whether or not it disproportionately benefits the franchisor or is mutually beneficial.
Franchise Disclosure Document (FDD) Preparation
The Franchise Disclosure Document (FDD) is a legal document that the FTC requires franchisors to provide to franchisee candidates before selling a franchise.
It contains 23 sections or items that disclose essential information about the franchise, such as the franchise’s history, litigation and bankruptcy history, the support the franchisee candidates will receive from franchisors, and more.
Franchise lawyers ensure the FDD is written in plain English so candidates can understand its items. And make sure that the information disclosed falls only within the 23 required items, as over-disclosure can hamper the registration process.
Franchise Registration
Registering a franchise is a complex process for franchisors. Additionally, the laws and regulations that govern how franchises are registered vary by state. States fall into three categories depending on their registration models:
- Franchise Filing. Franchisors must file an FDD and pay a fee without any additional approval from their state.
- Franchise Registration.
- Franchise Non-Registration. Franchisors must file an FDD and follow FTC guidelines to sell franchises in their state.
Florida is a Franchise Filing state. A franchise lawyer can help you draft an FDD and submit it for you to sell franchises legally.
Navigating the Franchising Legal Space
Our expert franchise lawyers help you navigate the complex legal landscape of franchise law.
Franchise Disclosure Violations
Franchise law violations may result in fines of thousands of dollars or even criminal charges. Franchise disclosure violations occur when franchisors violate franchise law when disclosing information in selling a franchise.
A franchise lawyer helps franchisee candidates determine whether their franchisor violated franchise law in their disclosures and respond with the appropriate legal actions. This can include rescinding their purchase and recovering damages.
Breach of Contract
A breach of contract occurs when either party violates the terms and conditions of the franchise agreement. Some of the most common reasons why breaches of contract occur in franchise relationships include the following:
- Inadequate training and support provided by the franchisor, supplier or manufacturer.
- Unilateral changes in the supplier system or franchise format.
- Demands for excessively costly changes, such as substantial remodelings.
A franchise lawyer can help you navigate these disputes and fight for your best interests.
Trademark Infringement
Trademark infringement claims may arise when a franchisee who decides to terminate their franchise relationship with the franchisor continues to use trademarked logos in their establishment.
Departing franchisees should ensure the signage in their establishment is not the same or confusingly similar to the trademarked images and logos of the franchise.
Why Sanchelima & Attorneys
Having an experienced franchise lawyer on your team is critical for our success. With their knowledge, experience, and expertise, you can achieve franchise legal compliance, save costs on fines and rejected legal documents, enjoy peace of mind about the legality of your documents, avoid conflicts of interest, and more.
Legal Compliance
Our experienced franchise lawyers have read hundreds of franchise agreements and FDDs. We can quickly spot unusual or burdensome terms and advise you on navigating them. We can also help you achieve franchise compliance: staying within the bounds of legality in your operations and avoiding any costly legal repercussions for breach of contract or any other possible violation.
Risk Mitigation
Our franchise lawyers help you understand what you can and cannot do as a franchisee or franchisor. Their advice in legal risk management will prove invaluable when navigating legal waters you are unfamiliar with.
Cost Savings
Franchise agreement violations can result in thousands of dollars of fines and potential criminal charges, depending on the nature of the violation. Having a franchise lawyer by your side will give you access to knowledge you would have likely never achieved on your own as a franchisee or franchisor.
Legal Expertise
Our franchise lawyers help you understand what you can and cannot do as a franchisee or franchisor. Their advice in legal risk management will prove invaluable when navigating legal waters you are unfamiliar with.
Sanchelima & Attorneys has years of experience in franchise law. Our lawyers will give you the best possible advice for your interests, whether you’re a franchisee or a franchisor.
By working closely with our franchise attorney, you can ensure your franchise is set up for success from the outset and avoid costly legal disputes.
Contact our firm to schedule a consultation today. We’ll review your case and advise you on how to move forward.
