Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What You Need to Know About Selling Your Franchise

Author: Scarinci Hollenbeck, LLC

Date: August 4, 2016

Key Contacts

Back

Here are some of the factors to consider when selling your franchise

Preparing an exit strategy is a difficult aspect of owning a franchise and a decision many owners don’t fully consider. According to a recent Securian Financial Group study, more than 60 percent of business owners do not currently have or plan to develop an exit strategy. This is an issue because every franchise owner’s goal is to capitalize on the years of time and effort put into the business to build its value as an asset.

selling your franchise

However, as franchise owners spend a large majority of their time running the business, it is not surprising that little attention goes to to thinking about what will happen to both the business and to them personally once they are ready to move on.

Exit strategies do not get enough attention

Exit strategies are important because selling your company may account for a large share of the ROI you receive from owning the franchise. There is a stark difference between investing in the business to build its value by structuring it for optimal profit and minimal tax burdens than it is to position it to maximize its sale as an asset over time. This can be potentially damaging to the business sale value because it does not take the prospective future buyer’s perspective into account.

“…your exit strategy should be part of your business planning process right from the beginning…”

For example, a business with largely transactional sales versus one focused on relational sales will have serious questions about the continuity and sustainability of the business model after the owner exits. Any question about the sustainability of future profits will drop a buyer’s valuation. Other reasons that may reduce a buyer’s valuation involve franchises that are too dependent on indistinguishable commodities, businesses in markets with limited potential for growth and ones that are dependent on a select few clients, to name a few.

Key considerations prior to sale

Buyers want to know the demand for the products and services, the trends in the industry, the structure and complexity of the business model, personnel needs and various other aspects that could impact the bottom line in the future. Furthermore, a buyer will have a target price point for the franchise, and it may be entirely removed from what you perceived. The key is that a buyer may heavily weigh his valuation on a franchise’s multiples and EBITDA. Earnings before interest, taxes, depreciation and amortization are indicators of a franchise’s financial performance, current and in the near future. Multiples, which refer specifically to the multiple of the franchise owner’s benefit or adjusted net, indicate the strength and profitability of the franchise after the owner’s salary and various other expenses, interest and depreciation. The Franchise Agreement will indicate whether the approval of the franchisor is required to transfer the franchise.  Other considerations include franchisee training and fees to be paid upon a transfer.  If there is a lease of office space or a store location, the terms of the lease may require landlord approval of an assignment of the lease.

Long story short, it is crucial for you to work with an attorney experienced in corporate transactions to gain a better idea of the types of multiples potential buyers look for based on the market demand.

The sales process

The importance of the exit strategy comes when an owner receives an offer, which can be anytime. This is why franchise owners need to be prepared for an offer that may push them to sell. According to a BizQuest report, in the event of a sale, typically this acquisition process involves 12 steps for franchise owners. These include the Letter of Intent, Purchase Agreement, due diligence of both parties, the franchisor’s introduction to the buyer, Franchise Disclosure Document, the buyer’s investigation, escrow process begins, Transfer Fee, New Buyer Franchise Agreement, escrow ends, new owner training and orientation and the transition process begins.

Acquisition processes can happen quickly and unexpectedly if the offer is right. To avoid a rough transition into your exit strategy, sit down with a franchise attorney to walk through a potential sale and take the steps to maximize the business valuation.

The advantages of selling a franchise

Franchise owners have an inherent advantage over other business owners in acquisition processes because franchisors closely monitor them. These parent companies audit the franchise’s performance to remove the chance of large spikes or drops in revenue and expenses. Franchisors understand exits are vital aspects of their value proposition, so they are more than willing to work with you to ensure your acquisition price and valuation are at peak value – if for no other reason than to make the franchise attractive to top prospective owners in the future. But a key aspect to remember is that franchises are in a network of other franchises – like a Dunkin Donuts franchise, for instance – which provides them with comparable valuations in similar markets.

Bottom line

Most franchise owners spend 99 percent of their time running their businesses and no time planning an exit. However, what we can see is just because your business is profitable does not mean it has value – at least not what you’d expect. Many franchise owners fail to realize that by focusing solely on business growth, they could cost themselves at the negotiating table. It is crucial for owners to work with an attorney to develop a proactive transition plan years prior to sale.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

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

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!