Virginia Franchise Lawyer
I represent both franchisors and franchisees across
Virginia and assist my clients with setting up franchises, reviewing and
negotiating franchise agreements, and explaining the pro's and con's of entering into a franchise relationship.
Investing in a franchise can be a great investment. However, before
jumping into a franchise, review my...
Top 10 Checklist for Evaluating a Franchise
1. Check the FDD Franchisors are required by federal law and Virginia
law to give you a copy of their Franchise Disclosure Document ("FDD") at
least 14 business days before you pay any money or sign a franchise agreement.
The FDD contains important required disclosures that will help you evaluate the
2. Check The Franchise Agreement the franchise agreement is the
contract between the franchisor and franchisee and controls the relationship.
The franchise agreement should match the disclosures made in the FDD. Read it
carefully to be sure there are no surprises.
3. Check With The State check the status of the franchisor with the
Virginia State Corporation Commission. In Virginia (and 14 other states around
the country) franchisors must first register and be approved before selling
franchises within the state. If a franchisor is offering franchises for sale in
Virginia without registering, they're violating the law.
4. Check The Financials - The FDD should contain three years worth of
the franchisor's audited financial statements. Review the financials carefully
and share them with your CPA. If the franchisor is in poor financial condition
then think twice before proceeding. The franchisor may not have the resources to
support you properly.
5. Check For Past Troubles - Item 3 of the FDD
should contain the 10-year history of lawsuits against the company. A history of
litigation may mean that franchisees before you are not doing well and are
dissatisfied with the franchisor. Try to determine the common theme of the cases
to determine why the franchisor is in court.
6. Check The Number Of Dropouts Item 20 of the FDD contains
information regarding the number of franchisees that have left the franchise in
the past three years. If the number of dropouts is high, this is a warning sign
that franchisees are dissatisfied with their investment.
7. Check The Earnings Claims Has the franchisor told you how much money
you can make with the franchise? If they have, check Item 19 in the FDD. A
franchisor is legally allowed to provide potential franchisees with an earnings
projection, pro formas or statements about how its franchisees have performed
but such information must also be included in writing in the FDD. If the
information isnt in the FDD, the company must decline to discuss potential
earnings, revenues, or profits. If no performance information is given (only
about 25% of franchisors provide earnings claims), it may be because the true
picture isnt positive.
8. Check The Economics if the franchise you're considering requires you
to sell the franchisor's products, make sure the economics make the offer
viable. Can you sell at a profit and still be competitive in your market? Ask
other franchisees whether the pricing has worked for them in practice.
9. Check With Other Franchisees the FDD should contain the names and
contact information for franchisees. Call as many of these folks as possible and
ask them questions regarding their experiences with the franchisor. Don't be shy
about asking them about their financial performance - they are legally free to
tell you and, most of the time, are happy to share.
10. Check Your Gut after checking the items in 1-9 above, what does
your gut tell you about this opportunity? Are you still excited about it? Or
does your gut tell you that there may be problems. Always do thorough due
diligence before entering into any agreement, but trust your gut, too.
I would be happy to help you evaluate a franchise to determine whether it's
right for you. I am experienced in FDD's, franchise agreements, and franchise
business models and can help you make the right decision. Call me today at
804-290-7990 to discuss this in more detail or send us an email to Info@DietzLawFirm.com