Skip to main content

What do I have to be aware of when selling one of my retail stores?

Rosemead, CA |

My company currently own 2 retail locations and is planning on selling 1 that is not making profits. I would still like to continue to use the same brand name but is afraid that once the store is sold the new owner might go a different way of doing business and affect my brand. Is there a good way to protect my brand?

+ Read More

Attorney answers 4

Posted

The issues raised by this question are way beyond the degree of information that can be offered here on this site to assist you. You need an attorney to successfully navigate and complete the intended transaction. Failure to consult with a skilled and qualified attorney at the beginning of this effort, and throughout the course through completion to close of escrow and beyond, would be a textbook definition of pound-foolish.

My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Posted

I agree with Ms. McCall.
If your store's name is trademarked, you could sell the assets and transfer the lease of the second store, license the name subject to quality control supervision, and that is only one option.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

Posted

Ms. McCall and Mr. Doland are two of the best and I agree, you should consult with a lawyer who handles this type of matter to protect your interests. Good Luck.

*Scott G. Nathan has been licensed to practice law in California since 1983. The information presented here is general in nature and is not intended, nor should it be construed as legal advice for any particular case or matter. This posting does not create any attorney-client relationship with Scott G. Nathan or my law firm. For specific advice about your particular situation, you should consult with an attorney immediately.

Michael Charles Doland

Michael Charles Doland

Posted

Thank you. I would also mention Ms. Pamela Koslyn who contributes regularly to Avvo in the IP area.

Scott Gregory Nathan

Scott Gregory Nathan

Posted

I agree, Ms. Koslyn would also be a very good choice. This really is an area where you should hire an attorney to guide you through the process.

Posted

I agree with my colleagues and will add the following (another reason why you need a lawyer's help):

Depending on the ways you control the new owner's operation, you could unintentionally create a franchisor-franchisee relationship, which likely would be a major problem from your perspective. Please see the post at the link below.

This information does not constitute legal advice and does not establish an attorney-client relationship.