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Nancy L. Lanard

Nancy Lanard’s Answers

447 total


  • What specific parts of the FDD should be further inspected? What do I need to know that I may not currently? Any warnings?

    I plan to open a franchise business. I'm familiar with both sides of franchising through my line of work, both are my customers. The franchisor has recommended to me that I speak with a franchise attorney to ensure I understand the FDD as a stan...

    Nancy’s Answer

    The advice of my colleagues is excellent. You should definitely speak with an experienced franchisee attorney. There are many of us on this site that can help you. Most franchisee attorneys charge a flat fee for the review. There are many great articles and blog posts that you can read and podcasts to listen to that will tell you about the FDD. The franchise agreement, is a binding contract that should be reviewed by an experienced franchise attorney. Most of us provide free consultations.

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  • How to find the best Lawyer. Is it Ok to interview them?. Can this be done over the phone? Pricing for this?

    I need Legal advice for a franchise document agreement. This document is about 45 pages. I just want to ask how fast this can be done and the pricing for this. ?. I am looking for a franchise Lawyer in Atlanta area. Thanks

    Nancy’s Answer

    You should definitely interview franchise attorneys. You should only retain an experienced franchise attorney to handle this review. You should find someone who does this type of review routinely and who charges a flat fee for it so you will know in advance the total cost. Most of us work with clients nationwide.

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  • Can a lawyer cease representation over comments questioning his/her fees?

    About 18 months ago, I learned about a fraud investigation against me. I hired a lawyer for representation. To this date there has been no charges filed. The attorney's fee was $10,000 to cover the fraud case which was paid in full, plus $400 p...

    Nancy’s Answer

    Contact the PA Disciplinary Board and let them know what is going on (padisciplinaryboard.org). They should be able to assist you.

    Good luck.

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  • Due to the drastic change in the class schedule, are we still legally bound by this contract?

    My son currently attends a local dojo. Until recently , his classes were on Wednesdays from 6:00PM to 7:30PM. In September of 2015, the owner stated that if parents signed the contract (which runs from Jan - Dec 2016) immediately, the tuition i...

    Nancy’s Answer

    My colleagues are correct, an attorney should review the language of the contract you signed. However, I have another suggestion. You may want to contact the PA Attorney General's office and see if they can help you. Contracts for a year in any fitness business are not looked highly upon by the AG office and typically require a bond be placed with the state. If the owner did not place a bond (assuming this business constitutes a fitness business), then it is possible that the owner would be required to rescind the contract and give you all your money back. I can't state this will work, but contacting the PA Attorney General's office will give you the answer.

    Good luck.

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  • What are the best ways to minimize my tax liability for a commercial lease buyout?

    I own a store in Manhattan. My new landlord has offered me a buyout to give up my lease a year early. What is the best way to structure such a buyout to minimize my tax liability? Can it be termed a refund or rebate for past rent (I've been in the...

    Nancy’s Answer

    I agree with my colleagues, This is a question that is more appropriate for a tax attorney or a tax advisor.

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  • Is a clause where a franchisee is compelled to pay a franchisor's "enforcement" costs regardless of outcome enforceable in WA?

    We have a multi-unit development agreement with a California-based franchisor. The Development Agreement and FDD both state that future location development is subject to "then current" Franchise Agreement terms. In mid-stream, the franchisor ch...

    Nancy’s Answer

    Unfortunately, the "then current" language is in common in most franchise agreements (for renewals, for example) and Area Development Agreements. Your best bet is to go to the franchisor and see if you can't negotiate to keep the language as it was in the franchise agreement you originally signed.

    Good luck.

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  • 1)My question, should be the law firm selected based in LA or SFO? 2)recently my employee left my company, does that impact ?

    Hi Legal Experts, I (plaintiff) decided after long wait to take legal action against a fraudulent IT company (Company F, registered in San Francisco,CA) for non payment of past invoices. I had signed a contract, where my employee would work fo...

    Nancy’s Answer

    • Selected as best answer

    If you have a contract, then the answer lies in the jurisdiction/venue section of the contract. If you do not have a contract then, it could be in either San Francisco or Philadelphia. Since you are in Philadelphia, I would recommend you consult with a Philadelphia attorney. Most attorneys will not charge for the initial consultation or phone call.

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  • I am considering buying into a vending machine franchise, but should I have an attorney to overlook the contract?

    I am considering buying into a vending machine franchise, but should I have an attorney to overlook the contract... Please share any other advice, as this would be my first time considering a business venture....Thanks a Ton...

    Nancy’s Answer

    Absolutely you should have an attorney review the documents and advise you. This is an important financial obligation and commitment of your resources. The franchise agreement is a binding contract that typically lasts years and is not easily understood by the average person.

    In addition, you should get advice from the attorney on various "validations" or due diligence you should do prior to moving forward. I don't know about other attorneys, but I do not charge for the initial consultation/phone call and provide a lot of tips to validate the franchise. I am sure you can find others here on Avvo.

    Good luck.

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  • Breach of contract by distributor. Who pays?

    I was a brick and mortar franchise owner where contractually there was a limit to how much could be purchased after net 30 had been passed with unpaid invoices. My account manager who worked for the franchise partner allowed me to order above my d...

    Nancy’s Answer

    This is not a question that can be answered without investigating all of the documents and emails. You should hire an attorney as soon as possible. I am sure you can find someone qualified on Avvo. Good luck.

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  • If we did not recieve an FDD 2 weeks prior to transfer of ownership, can we nullify the contract?

    If we did not recieve an FDD (we received financials a month before, but the operating procedures were received 2 days prior to transfer of funds/ownership) two weeks prior to transfer of ownership, does it nullify the franchise contract? ...

    Nancy’s Answer

    You should have CA counsel to assist you with the franchise aspect of this as well as assist you with the due diligence that you should do prior to buying any business.

    Good luck.

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