
Joel N. Kreizman
Partner
732-568-8363 jkreizman@sh-law.comFirm Insights
Author: Joel N. Kreizman
Date: June 6, 2013

Partner
732-568-8363 jkreizman@sh-law.comWith the economy rebounding, many budding entrepreneurs are starting to explore new business opportunities again. For those who are not quite ready to jump back in feet first, a franchise may be the way to go.
A franchise is a legal relationship between the owner of brand (a trademark, service mark, trade name, etc.) and another entity seeking the right to use that brand in the sale of goods and services. The franchisee may also enter a broader relationship in which the franchisor provides products, training, and marketing assistance. Common franchise examples include car dealerships, restaurants, fitness clubs and personal services like tax preparation.
Because you are buying into a proven business idea, a franchise carries fewer risks that starting a new business from scratch. In fact, the success rate of franchise-owned businesses is considerably higher than traditional small businesses.
Of course, there are still a number of risks. As with every business opportunity, you must conduct due diligence. Issues to consider include:
While you should conduct your own independent research, the Federal Trade Commission also requires franchisors to provide each prospective franchisee with a disclosure document. The document must be provided at least 10 business days before any purchase may occur. Required information includes a fully audited financial statement; contact information for other franchises; cost required to start and maintain the business; and litigation involving the company or its officers.
Franchise agreements almost always, if not always, have a clause saying that the agreement supersedes any promises or representations that are not included in it. All too often franchise salespersons make promises and representations to prospective franchisees that are not fulfilled nor are they enforceable.
A franchise can be a wonderful business opportunity, but it is also full of traps for the unwary. The best way to protect yourself is to consult with an experienced business attorney.
If you have any questions about opening a franchise or would like to discuss the legal issues involved, please contact me, Joel Kreizman, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]
Author: Graham Staton

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]
Author: Michael Mietlicki

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]
Author: Sean M. Pena

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]
Author: Donald M. Pepe

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!