Questions answered by Howard Ramsey Morrill

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I am a Franchisor and would like to lower my Initial Franchise fee. Is there any legality that I should follow before doing so

Howard's answer | Answered on January 28, 2014

Great question! This is something that often creates some resentment among the existing franchisees. The degree to which you are exposed to any...

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Can a franchisor allow one franchisee (same state) to deviate from corporate pricing while refusing to do so for another?

Howard's answer | Answered on January 18, 2014

Whether a franchisor can discriminate between franchisees is a topic that come up a lot. The answer your question is very fact specific and it may...

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If I sign a new non compete agreement is the old on still valid?

Howard's answer | Answered on January 18, 2014

Actually, depending on what consideration they are providing for the new one, the question may become is the new one valid? Lots of facts needed...

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Is there recourse with a franchisor when every other franchisee leaves??

Howard's answer | Answered on January 16, 2014

I've run across that situation. I believe there may be recourse under a number of theories, but would need to know more.

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I had a verbal agreement with my grandson. I put a car in his name and he was to make monthly payments. He hasn't paid anything

Howard's answer | Answered on January 10, 2014

This really requires more facts. You may be able to sue him and take the car in resolution of a judgment against him, but given his disappearance,...

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I was served a lawsuit naming me as a defendant along with another company name but it's a mistake and I am the wrong person.

Howard's answer | Answered on January 07, 2014

Although they should treat your phone call as an "appearance", which would entitle you to notice of further proceedings, you would be wise to get...

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Would I be able to sue a franchisor under the NJ "Little FTC Act" or the NJ Consumer Fraud Act for deceptive claims.

Howard's answer | Answered on January 02, 2014

Like my colleagues, I don't think anyone can give you a definitive answer here without some investigation. Among other things, you'd need to be...

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I am involved with a franchise in Texas that has abandoned their trademarks, now listed as "DEAD". What recourse do I have?

Howard's answer | Answered on December 18, 2013

You need to start by determining what the FDD represented about the trademark.

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What makes an arbitration agreement in Washington unconscionable?

Howard's answer | Answered on December 01, 2013

I would add that if the agreement seems to require only one party to arbitrate its grievances, but allows the other to avoid arbitration, a court...

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My franchise agreement was terminated two weeks ago. I continued to run the business as usual.

Howard's answer | Answered on November 29, 2013

As my colleagues here say, you can't keep using the marks. You haven't described the termination, but even if you have a claim that the...

Howard Ramsey Morrill's Answers (115)

I am a Franchisor and would like to lower my Initial Franchise fee. Is there any legality that I should follow before doing so

Can a franchisor allow one franchisee (same state) to deviate from corporate pricing while refusing to do so for another?

If I sign a new non compete agreement is the old on still valid?

Is there recourse with a franchisor when every other franchisee leaves??

I had a verbal agreement with my grandson. I put a car in his name and he was to make monthly payments. He hasn't paid anything

I was served a lawsuit naming me as a defendant along with another company name but it's a mistake and I am the wrong person.

Would I be able to sue a franchisor under the NJ "Little FTC Act" or the NJ Consumer Fraud Act for deceptive claims.

I am involved with a franchise in Texas that has abandoned their trademarks, now listed as "DEAD". What recourse do I have?

What makes an arbitration agreement in Washington unconscionable?

My franchise agreement was terminated two weeks ago. I continued to run the business as usual.