Avoid Costly Mistakes By Hiring A Professional In Franchise And Dealership Law Illinois Practices Specialize In

By Janet Schmidt


Not everyone wants to go into business for themselves. Some prefer to let others handle the decision making processes. If you are an enterprising entrepreneur looking for a good business opportunity, purchasing a franchise might be the way to go. You will have independence with the assurance you are offering the buying public a brand with an established reputation and immediate name recognition. In order to get the best deal, you will need the services of an expert in the franchise and dealership law Illinois firms handle.

The Federal Trade Commission requires all franchisors to provide potential franchisees with a copy of their Franchise Disclosure Document or FDD, which outlines the terms and conditions involved in this business partnership. These documents tend to be complicated, lengthy, and full of legal language unfamiliar to most. You will need a good lawyer to go over this paperwork carefully, explain it to you thoroughly, and point out any areas of concern.

As the process continues, you will be expected to sign a contract agreement between the franchisor and yourself that will be drawn up by their legal staff. This agreement outlines the specific terms and conditions of your personal agreement with regard to franchising. Included in the agreement will probably be items like insurance, transfer restrictions, dispute resolution, and audit rights.

Unless you have been involved in other franchises, you probably won't know whether your contract is comparable to others or has unusual conditions included. A good attorney will be able to look the documents over and point out anything outside the normal conditions. Any questions you have can be answered before you actually sign the documents and commit yourself to a formal partnership.

Lawyers for the franchisor may indicate that the contract they offer you is non-negotiable. This is standard operating procedure. Your attorney will probably advise you that certain items like royalty structures and initial fees are not negotiable, but other items can be amended. You can often negotiate transfer of ownership, protection of territory, audit expenses, indemnification, and non-compete clauses.

In addition of the actual franchise documents and agreements, there are other business considerations for which a good attorney can be invaluable. These include what type of business entity you are going to create such as a corporation, a limited liability or limited partnership. You might need assistance negotiating leases, hiring key personnel, and establishing ownership agreements.

Not all lawyers have expertise in this field, and before you hire someone, you need to do some research and ask some questions. You should feel free to ask this professional how many franchises he or she has worked on and how many disclosure documents they have actually read. If the lawyer is someone who gives lectures to other professionals or has published articles in this field of the law, you will want to know that.

Franchises are great opportunities to make money and have satisfying careers. In order to get the best deal, you will need the services of an experienced professional to help you navigate the complexities of the process. You will be glad you made the call.




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