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Buying a Franchise? Study the FDD
Posted by Ed Teixeira
I for one have always advised franchise prospects never to purchase a franchise without the advice and assistance of a qualified franchise attorney. Today's franchise agreements are too complex and contain too many franchisor safe guards for the non-professional to identify and understand. However, this doesn't mean that a franchise prospect shouldn't at least read and learn about the franchise contract they could sign. There is a great deal of information and advice available from the FTC, AAFD and franchise industry blogs that can guide those who want to review their Franchise Disclosure Document. This is no way negates the need to utilize a franchise attorney but it does provide a way for the non-attorney to at least read and study the document. After all, the typical franchise agreement has a ten year term and before signing contract this long you should learn as much as possible about the committment you are about to make. After all, when the FTC required that the FDD be written in "simple english" it was a way to make it easier for the average person to understand what they were agreeing to.
Every Item in the FDD is important however, here are some that should receive your particular attention:
- Item 1 The franchisor, Its Predecessors and Affiliates
- Item 3 Litigation
- Item 4 Bankruptcy
- Item 7 Initial Investment
- Item 8 Restrictions on Products and Services
- Item 9 Franchisees Obligations
- Item 11 Franchisors Obligations
- Item 12 Territory
- Item 16 Restrictions on what the Franchisee May sell
- Item 19 Earnings Claims
Posted on May 2, 2012 at 8:06 PM
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