Joel Libava
If you’ve been a reader of this franchise blog, you know my feelings about using the right resources during your search for a franchise business to buy.
When it comes to all the legal intricacies of a franchise agreement, using relatives that are attorneys, such as your Uncle Bob, or Aunt Peggy may not be the right way to go.
( Legal disclaimer: Uncle Bob and Aunt Peggy are pseudonyms for any relative or close family friend that may also be attorneys. To all the Uncle Bob’s and Aunt Peggy’s…I apologize.)
What I’m trying to say is that when it comes to making a huge decision-like investing in a business of your own, it really makes sense to use specialists familiar with business ownership options.
Specialists
When you purchased your first home, did you look online for a Realtor? Or did you start asking around for names of the right people for your situation? Did you work with just any Realtor? Or did you work with one who was familiar with the area in which you were looking? In other words, did you do some research?
If you’re going to write a check to a franchise company for $30k, you need to start off on the right foot. And, you need to continue doing so throughout the entire process.
I just did a seminar on franchising, and a nice lady came up to me beforehand, to ask a question.
Her Question: “Hi…I know it is probably too late, but my husband and I just purchased a franchise last week, and we think we made a mistake.” I think we should have talked to you before we bought this franchise.
My response:” WOW! What type of franchise is it?”
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Her Answer: “It is an advertising related franchise, where we would go out and sell advertising.”
My response: “OK. So what’s the problem you are having?”
Her Answer: “The selling part of it is not what we expected.”
My response: “Meaning?..”
Her Answer: “Folks don’t seem to like advertising salespeople. This is not right for us. Can we get our money back?”
I hope this lady can recoup some of their investment. My suggestion; go out and hire a salesperson right away! This nice lady sounded like she was prepared to write off her losses…. I hope that she and her husband re-think this, and find a way to make it work. They will not be getting a refund from the franchise company.
When it comes to small business/franchise ownership, I’m constantly amazed by the people who invest in franchises without even talking to the current franchise owners of the franchise they just purchased!
The Franchisees
The franchisees have the answers.
The point here is that if you are willing to invest your money into a business of your own, but you let the excitement of finally not having to work for anyone anymore get the best of you, mistakes will be made.
There’s no guarantee of success.
If you’re thinking seriously of investing in a franchise of your own, and you are pretty far down the path, make an appointment with an attorney familiar with franchise agreements.
And just do you know, the franchise contract itself is usually 20+ pages long, and filled with head scratching legalese. An attorney who is familiar with franchise agreements can save you time, money, and future headaches. Heck, I myself am deeply entrenched in franchising, and can barely understand the contracts.
Do this part right, folks.
