I signed a franchise agreement but never received a fully executed agreement back is that agreement still binding?
- An initial franchise was paid which I am seeking repayment of.
- A franchise developer visited my area and we visited with potential clients. After going through two demonstrations after the developer left I learned that I would not be able to operate my business as expected due to state guidelines and future guidelines that would make my potential customer base even smaller. Due to this I'm told that I could protest the agreement (if it was fully executed) as a result of the purpose of the agreement being frustrated
1 attorney answer
The agreement is still binding, even though you don't have a copy signed by the franchisor. Whether it is enforceable against you depends on a number of factors. Wisconsin is a franchise registration state that has a number of franchise and dealer laws that protect you. It sounds like you may have some rights, but you cannot delay in enforcing any rights you have. You need to immediately seek the advice and counsel of experienced FRANCHISE counsel. Do not settle for a general practitioner. Franchise law is complex and nuanced, and you need someone with significant franchise experience. Many franchise lawyers will provide you with a free initial consultation. Don't delay. Reach out to a franchise lawyer right away.
This response is not intended as legal advice or to establish an attorney-client relationship. It is for informational purposes only.