The doors havent even opened yet and they canceled my franchise, can i get my 35k back?
If you click on "Find a Lawyer" at the top of this page and search for "Franchise" in North Carolina, you will find a list of outstanding franchise attorneys who might be able to look at your franchise agreement and tell you whether you have an actionable claim. Many attorneys offer a free consultation. Be sure to disclose the identity of the franchisor up front (before you state, email or fax any facts about the matter) so as to prevent conflicts from arising for the attorney.
As a franchise attorney and testifying franchise expert, I can only say it's not really possible to say without examining the surrounding facts and circumstances, as well as the disclosure document and franchise agreement. Your franchise agreement (and Item 5 of the FDD) will stipulate under what conditions the franchise fee is refundable (and I'm assuming that's the $35k you're referring to). Normally, if a franchise company terminates you for cause, like you haven't found a location or opened within the required time frame, as specified in the franchise agreement, you're usually out of luck. Unless the franchise agreement specifies some type of refund that applies under these circumstances. Best of luck.
Kevin B. Murphy, B.S., M.B.A., J.D.
Attorney at Law
Director of Operations - Mr. Franchise
FRANCHISE FOUNDATIONS APC
A franchise is a type of business in which the operator leases the right to use another firm’s brand and business model.