Category Archives: Franchise Law
Miami Auto Dealership Sues BMW/Audi Alleging Franchise Law Violations
According to reporting from Automotive News, Braman Dealerships has filed a lawsuit against BMW and Audi, on the grounds that the auto manufacturers made unlawful changes to their sales incentive programs. The Miami-based auto dealership contends that the unilateral changes made by the two European automakers are in direct violation of the Florida Franchise… Read More »
The FTC Franchise Rule: Explained
The FTC Franchise Rule is designed to make sure that prospective franchisees have access to the full information that they need to make an informed decision regarding their potential business investment. Put another way, the FTC franchise rule is a disclosure requirement. It does not seek to interfere with the business relationships of franchisors… Read More »
Considering Becoming a Franchisee? Get Your Franchise Agreement Reviewed
A franchise can be a great business opportunity for many in people in Florida. By becoming a franchisee, you can use an already established business model to create real value for yourself and your family. When you buy into a franchise, you are creating your own business. That being said, your new business will… Read More »
Proposed Florida Senate Bill Would Dramatically Alter Franchise Law Rights
Recently, state senator Jack Latvala, a Republican representing the Clearwater area, introduced a proposal (SB 750) that would significantly alter franchise law rights in Florida. If passed, Senate Bill 750 would make it more challenging for franchisors to terminate business relationships with their franchisees. This bill would give franchisees additional legal rights that would… Read More »
Thinking of Becoming a Franchisee? The Importance of Due Diligence
Becoming a franchisee can potentially be a very lucrative business opportunity. Many people throughout South Florida have successful used the franchise business model as an investment tool. Of course, as with all business opportunities, there will always be risks involved. As such, it is critically important that prospective investors engage in a comprehensive investigation… Read More »
New Joint Employer Regulations Could Impact Franchise Owners
Who actually employs the workers at a franchised business? Certainly, the franchisee has a role as an employer, but does the franchisor? Recently, the Department of Labor (DOL) released new guidance on the role of the franchisor as a potential employer. This follows a decision made by the National Labor Relations Board (NLRB) last… Read More »
Florida Franchise Law and Encroachment Disputes
As a franchisee, the last thing you want is to be forced to compete with your own brand. For example, two Burger King locations would not do well if they were across the street from one and other. That location would likely not support both businesses. In order to be successful a franchise needs… Read More »
Florida Franchisees: What You Need to Know About Royalty Payments
Royalty payments are a very common part of franchise agreements. In fact, most franchise agreements include some type of royalty fee arrangement. These arrangements will generally require the franchisee to pay a percentage of their sales revenue to the franchisor at prearranged intervals. In return the franchisor will generally provide some support to the… Read More »
Seven Issues that Should Be Addressed Within Your Florida Franchise Agreement
A franchise can be an excellent business opportunity for many Floridians. Investors can replicate an already proven business model, while established companies can extend their brand recognition more quickly and efficiently. When things go well, a franchise is mutually beneficial. However, there is also the risk that a destructive dispute could arise between the… Read More »
Can You Trust Franchise Growth Estimates?
A franchise allows an investor to replicate the business model of an already successful enterprise. When things go well, a franchise can be an excellent business opportunity. However, without proper planning, a franchise investment can also turn into a nightmare. Unfortunately, some franchisors attempt to attract investors by using unrealistic future growth projections and… Read More »
Nissan Involved In Florida Franchise Law Dispute
According to a story recently posted by Autonews.com, the Japanese automaker Nissan is currently involved a franchise law dispute with some of its Florida franchisees. The dispute stems from Nissan’s offer of cash based support to a specific franchise location. Other Florida Nissan franchisees believe that they are legally entitled to the same financial… Read More »
Florida Franchise Act: Protections For Franchisees
A franchise opportunity offers up the chance to invest in, and replicate, a company’s successful business model. In many cases, new franchises lead to excellent results for both sides of the arrangement. But, sometimes substantial misrepresentations are made to franchisees in order induce their investment. Misrepresentations are prohibited under Florida franchise law. If you… Read More »
Franchise Law Basics in Florida
Franchises can be lucrative and attractive business opportunities for both the franchisor (the founder of the original business) and the franchisee (the owner of the business that is licensing rights to use the franchise for a new business location). It is important to keep track of the relevant franchise laws of the state, or… Read More »
