Archived
Is it true that a guarantor on a franchise loan must be the same person who is the majority member of the LLC?
Kevin's answer
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Answered on September 06, 2014
Banks are peculiar institutions, but very different. Your bank apparently has a set protocol, which may or may not be written in stone. Try...
My wife and I are getting ready to sign a franchise agreement. Should we put it in both our names?
Kevin's answer
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Answered on September 04, 2014
I agree with my learned colleague, Mr. Dillon. You can't expect answers to multiple questions without hiring a franchise attorney to review the...
Archived
What are my options when another franchisee continues to work inside my franchise territory and the franchisor won't stop them.
Kevin's answer
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Answered on September 04, 2014
I agree with my colleagues. You may have a claim against your franchisor for breach of contract. A review of your franchise agreement as well as...
Archived
Can I sue my Atlanta based franchisor in NJ even the franchise agreement says I have to sue them in Atlanta?
Kevin's answer
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Answered on September 04, 2014
Typically, these out-of-state, inconvenient forum selection clauses are upheld, unless there is specific state law that invalidates it. If you are...
Archived
Whether Franchisor can obtain damages and injunctive relief after an involuntary termination of a franchise agreement?
Kevin's answer
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Answered on September 03, 2014
I agree with my colleague. More facts and an examination of the franchise agreement are obviously necessary. The normal rule is a terminated...
Archived
What would define a 6 months in this case?
Kevin's answer
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Answered on August 29, 2014
The provision quoted says "within (6) months of FRANCHISEE's starting the Additional Customer
Accounts," so that is the measuring period. You...
Archived
What does it mean when it says 6 months on a franchise agreement.
Kevin's answer
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Answered on August 29, 2014
It is not really possible to say without examining the franchise agreement. Replacing an account may be exactly defined in your agreement. Your...
Archived
Declaring Chapter 7 in CA w/ husband. Have a C-Corp that runs a franchise. Can we get our of our franchise obligations with BK
Kevin's answer
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Answered on August 19, 2014
As my colleagues point out, this is a simple question and answer situation. If the agreement is in force as of the filing date, it will survive...
Archived
I want to buy an operational franchisor-owned outlet OR an operational franchisee-owned outlet. How to find one with profit ?
Kevin's answer
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Answered on August 15, 2014
You need to do your homework. Start with an industry that you feel aligned with now and or the next 10 to 20 years. Determine the major franchisors...
Archived
One Franchisor says due to Federal Trade Commission it is illegal to disclose profit of any franchise store at initial stage
Kevin's answer
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Answered on August 14, 2014
The big question is will the franchisor provide this information once you move beyond the "initial stage?" If this isn't forthcoming, this will...
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