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Franchisee Services

Franchise Sales

Multi-unit Ownership

Franchisee Rights and Obligations

Termination

Franchise Renewal

Commercial Real Estate

General Business Counsel

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Sales: Do you want to sell/transfer your franchise to someone else?

There are a variety of reasons to want to sell your franchise – is the business just not what you expected?  Have you received an attractive offer from someone who wants to buy?   Do you have your eye another franchise that you would rather invest in?  Are you near the end of your franchise term and see a sale as an opportunity to extract maximum value out of a profitable franchise?   These are just some of the reasons that franchisees consider selling their franchise.  Our firm has years of experience guiding franchisees through this exact process, and specifically walking our clients through (1) the pros/cons of selling their specific franchise; (2) the limitations/rules that they need to be aware of as set forth in their franchise documents and other laws; (3) other options to achieve their goals that may make more sense than selling their franchise; and (4) each step in the sales process, while answering any questions our clients have along the way.  

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Become a Multi-Unit Owner/Developer: Are you looking to expand? 

For many franchise owners, the first unit is just the beginning.  Whether a franchisee is looking to purchase additional locations of a franchise where they are already a franchisee, or is seeking to add to their portfolio with units from different franchises, our office routinely walks clients through this process.  We have a wide range of experience in advising on multi-unit ownership, area development and master franchise agreements.

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Rights and Obligations: Do you know what a Franchisee (and Franchisor) Can and Cannot Do?

For many franchisees, once the franchise agreement is signed, this document sits in the bottom of a desk drawer, never to be looked at again.  Similarly, many franchisees are unaware that certain laws may even alter or override the language of their franchise agreements, potentially fundamentally altering the rights/obligations of the franchisor and franchisee. 

The last thing most business owners want to do is wade through this mess of (often times) convoluted legal documents and laws.  This is where our office comes in – for franchisees who simply want answers as to what they (and their franchisor) can and cannot do, whether as to a specific issue or in more general terms, we are here to give practical, bottom line answers and advice.  We will (a) listen closely to exactly what your question is; (b) explain to you what we need (and, just as importantly, do not need) to review; (c) a timeframe to provide a response; and (d) directly answer your question(s), either on a phone call or in-person meeting.

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Terminations: You Received a Termination Letter – Now What?

Whether expected or seemingly out of the blue, a franchisee’s receipt of a termination letter  can be a jarring event for a franchisee.  Our office routinely reviews these termination letters and advises clients on their rights and obligations, always with an eye toward our client’s bottom line objective (e.g. remaining a franchisee; leaving the franchise with the least amount of financial hardship; etc.). 

Rauchway Law is also well-versed in the New Jersey Franchise Practices Act, and routinely advises franchisees as to whether the NJFPA may entirely prohibit the attempted termination, regardless of what the franchise agreement may provide.  

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Renewals: Considering Renewing Your Franchise Agreement?

Toward the end of the term of the franchise agreement, a franchisee is often faced with the decision as to whether to renew (or attempt to renew) the franchise agreement.  Rauchway Law counsels clients as to the pros/cons of renewing the franchise, the practical effects of renewal and whether renewal is even an option under each client’s circumstances. 

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Commercial Real Estate:  Need to find a franchise location? Or move an existing one?

You signed the franchise agreement and now need to secure a location to set up “shop.”  Are you looking to buy an empty lot to construct your facility, or an existing building to outfit to the specifications required by your franchisor?  Or are you seeking to secure a commercial lease?  If so, do certain provisions need to be in the lease under the franchise agreement?  Rauchway Law has extensive experience with all aspects of securing the property/space to run your franchise.  

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General Business Counsel:  Do you just need a business or franchise attorney to call with a question?

Here is an all too familiar scenario for franchise owners – in the middle of a busy lunch shift at a pizza franchise, the franchise owner receives a message from the franchisor that the franchisee is being required to buy and install a $100,000 new piece of high-end kitchen equipment over the next three months.   Panicked at this significant extra expense, and wanting to just focus on the day-to-day operations of the business, the franchisee simply wants to be able to call someone – anyone – for guidance as to what the franchisee’s options are for handling this unexpected expense.

We are here to take those calls. Above all else, we understand that business owners – both franchisees and non-franchisees alike – need quick, practical advice when unexpected issues like these comes up so that disruption to the business is as minimal as possible. Rauchway Law is privileged to counsel businesses throughout New Jersey and New York – both in and out of the franchise industry – on a broad spectrum of business issues.

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