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Do I really need an attorney to review the... Expand / Collapse
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Posted 9/24/2008 12:21:07 AM
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I'm in the final stages of researching a Snip-its franchise and I'm awaiting pre-qualification loan approval. I'm wondering if I need to find an attorney and cpa before signing franchise agreement.
Post #474
Posted 9/24/2008 11:39:50 AM
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As a franchise advisor, I help prospective franchisees through the sometimes daunting process of validation. I always strongly recommend that my clients meet with an attorney and CPA. It's best to find a franchise attorney, as they are more familiar with the disclosure documents and can evaluate them more easily. If you're using a franchise advisor, they should be able to recommend a good attorney. Cost to review the FDD can run from $750 - $1500, but if you're serious it's well worth the money to be sure you understand what you're getting in to. Feel free to contact me and best of luck!

Diana Hutcherson

877-264-7619  or  diana@franchise-pro.com

Diana Hutcherson
Franchise-Pro
303-751-2788

Post #475
Posted 2/24/2009 5:10:06 PM
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As a franchise attorney, it may come as no surprise that I view this as a rhetorical question.  I would offer the following:
  1. A franchise agreement is quite possibly the most important contract a prospective franchisee will ever sign (long-term commitment, significant investment of money, etc.).  An experienced franchise attorney can help:  (i) explain your rights and obligations under the franchise agreement, (ii) identify "red flags" or atypical provisions for your consideration, (iii)suggest revisions that will clarify existing language or shift risk back to the franchisor, and, if necessary, (iv) advocate and negotiate on your behalf with the franchisor.   
  2. I have never heard of a franchisor, advisor, or consultant discouraging a prospective franchisee from seeking legal advice before signing a franchise agreement.  I would be suspicious of anyone who did.
  3. An experienced franchise attorney can efficiently review and analyze an FDD without causing unreasonably delay or interference in the process.  A primary reason for the required 14-day waiting period is to provide prospective franchisees an opportunity to carefully review the FDD and get assistance.
  4. The more a prospective franchisee approaches the process in a business-like fashion, then all else equal, the more informed their decisions will be and the better their chances of long-term success.
Post #524
Posted 3/22/2009 10:36:15 PM
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While you may not be successful at negotiatinge changes to the terms of the Franchise Agreement, it is highly advisable to have your attorney review both the Franchise Agreement and UFOC to see what you are getting into.  If you don't like the terms, you can simply walk away and purchase a different franchise.

Good luck!

Tom

Tom Bondon | President
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http://www.theFranchiseEngine.com
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Post #538
Posted 3/24/2009 8:27:48 PM
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You would be c-r-a-z-y not to use a franchise attorney.Check out the Franchise Foundations website. They have a http://www.franchisefoundations.com/franchiseattorney.html page for a direct contact with a franchise attorney for advice and questions about evaluating and negotiating franchise investments. They have a FDD Evaluator service http://www.franchisefoundations.com/fddevaluator.html that evaluates an FDD for $500. Good Luck!

Patricia
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