Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 4, 2016
The Firm
201-896-4100 info@sh-law.comPreparing 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.

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 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.
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 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.
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.
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.

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel

For New Jersey data center owners and operators, a service agreement may look routine when it is signed. The network is functioning, the vendor is meeting its installation schedule, and the parties have agreed on pricing and performance specifications. The provisions that seem most important at that stage are often the technical ones. That changes […]
Author: George McGowan

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]
Author: Donald M. Pepe

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]
Author: Donald M. Pepe
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!