Archived
A franchise is threatening to sue my small business for selling a similarly named item. What can I do?
Kevin's answer
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Answered on January 02, 2010
In addition to the other answers, I only add one other point from a franchise perspective. The franchise owner has very limited rights and specific...
Archived
Franchise Agreement 10 day cooling period 5 day
Kevin's answer
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Answered on December 31, 2009
As a follow-up to my previous answer, and again assuming everyone is in CA, you should consult a franchise attorney to see if the provisions of...
Archived
What is the best way to expand a company in another state?
Kevin's answer
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Answered on December 30, 2009
Based on the limited narrative provided, you should remember this truism. When you help put someone into business or let them use your name, that...
Archived
I closed my bussiness (LLC) and did not fullfill my obligation on the term of the lease. Can they sue me for the remainder Terms
Kevin's answer
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Answered on December 29, 2009
Show your lease and personal guaranty to a real estate attorney. Generally, you will be liable for the remainder of the lease term, but landlords...
Archived
How do I find a litigator or firm that is licensed in Ohio and Florida? Should I just use two different firms?
Kevin's answer
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Answered on December 29, 2009
Before you get litigation firms involved, I recommend a two-step strategy.
First, you have to identify the skill set and what you need to get an...
Archived
Bought a License that seems to be a disguised franchise
Kevin's answer
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Answered on December 24, 2009
Many of the so-called licenses sold these days are really franchises in disguise. As a consulting and testifying franchise expert, I see this all...
Archived
I'm a subtenant at a business I purchased 14 months ago. I'm the franchisee and have been unable to pay the lease 6 times at
Kevin's answer
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Answered on December 24, 2009
It depends on who the ultimate tenant corporation is, as well as the terms of your sublease and their underlying lease. If the tenant corporation...
Archived
How do I find a lawyer who takes a PRACTICAL approach to an issue in order to avoid costly and protracted litigation?
Kevin's answer
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Answered on December 22, 2009
If you have a favorable legal position, a strongly worded legal letter is often a strategic alternative to litigation which is costly and is not a...
Selected as the best answer
Archived
I want to sue an overseas Hardee's restaurant, owned by an independent local businessman. Can I sue the franchiser in the US?
Kevin's answer
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Answered on December 22, 2009
Unless you can prove the franchisor (Hardees USA) is a party to the alleged illegal occupation of your property in Egypt (another issue...
Archived
Franchise Agreement 10 day cooling period 5 day
Kevin's answer
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Answered on December 22, 2009
The 14 calendar day period still applies and make sure all information in your FDD is current as of the last quarter. In California there may be an...
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