If you have a franchise and are thinking of taking action against a franchisor, you might be pleased to hear about our fixed fee advice on franchise disputes:
We have considerable experience in dealing with franchise disputes. As we only act for franchisees you can rest assured that our advice will never be compromised by other interests.
We use our experience gained from our time working with franchisors to your benefit, as we understand both parties' interests and can consider the legal implications from both sides of the fence which ensures that you receive the most cost effective advice.
We have a good relationship and work very closely with expert franchise barristers.
The issues that come up the most are:
- Misrepresentation – where the franchisee was given factual information prior to entering the franchise, by the franchisor, that the franchisee relied on when deciding whether to enter the agreement and which has turned out to be untrue. This can include the cost of supplies, projections/cash flows and representations about other franchisees.
- Termination – where either the franchisor wants to terminate the agreement and is alleging that the franchisee has breached the agreement or the franchisee wants to see if it has the right to get out of the agreement.
- Restrictions on Trading – whether or not clauses restricting a franchisee from trading for a period after the agreement ends are enforceable and if there are any ways around these clauses.
Examples of questions that we are regularly asked are the following:
"We have entered into a franchise but it is not working at all. We hardly have any customers and are still having to pay the monthly fee with little or no money coming in. What can we do? The agreement gives us no right to terminate"
"We want to leave the franchise early. The franchisor says that we can only do this if we pay management fees now for the rest of the 5 year period. Can the franchisor make us pay this?"
"I think I have been mis-sold a franchise. All the profit and cash flow projections I was given during the selling process were inflated and unrealistic. Can I get out of the franchise and sue the franchisor?"
"As a franchisee, I am running a really successful business but my success is attributable to personal efforts. The franchisor is not providing the support they are supposed to provide. Can I break away and take my clients?"
"The franchisor keeps changing the agreement - bringing in new requirements that are costing me money as a franchisee. Are they allowed to do this? What can I do?"
"I have just heard that the franchisor is in financial difficulties. Where does that leave me as the franchisee?"
For a fixed fee we will review your Franchise Agreement and related information such as side letters and e-mails, have a meeting or telephone conference with you at which we will explain the relevant law and your options going forward and we will then follow this up with an e-mail.
"I just thought I would drop you a line to thank you so much for your efficient service. On my initial tentative call to your office when I was feeling very confused and vulnerable after my franchisor ceased to trade without any notification to myself, your office gave calm, friendly and very helpful advice. I recommended your practice to several other franchise colleagues, who have since also decided to use your practice."
"Often with a solicitor it is all too difficult to talk to them. However, with Jenny (specialist Franchise Partner at Batchelor Myddelton) she is always available when I call. In the rare event that she is not she calls me back almost immediately. I like the fact that she doesn't just care about my franchise but she also genuinely seems to care about my wellbeing too."
Dave Roberts, Franchisee.
I would like to thank you and your assistant Amy for all the work you did for me. You have been fantastic, kind and considerate at all times and always kept me informed. You have been very professional and I do appreciate everything you have done to help me out in a time when I really needed advice and assistance in a matter I had no idea how to deal with. I have not heard back from the franchisor since the last email you sent out to them. I would not hesitate to use your service again or recommend you to anyone in the near future.”
“I instructed Batchelor Myddelton to deal with a franchise dispute I had with my franchisor. I was given a lot of misleading and inaccurate information regarding the franchise business, model and profitability prior to me agreeing to take the franchise.
I had signed up to the agreement, paid my fee and had been running the franchise for months at a loss, in fact, I had not even made one sale.
I was in the fortunate position that I had other income to subsidise the horrific losses I was making.
From speaking to Jenny at Batchelor Myddelton I now realise how many other people are in a similar position but have no other income. Jenny was able to get me out of the franchise agreement and even got me my franchise fee refunded and a little extra compensation after one strongly worded letter!
I would recommend Batchelor Myddelton to anyone.”
“I had originally sought legal advice to overcome the Catch 22 situation that I found myself in. That discussion with Batchelor Myddelton made me realise that the best outcome for me would be to leave the franchise all together. The franchisor had not provided any training, support or assistance; in fact he was more of a hindrance.
I did not need to be a part of this franchise and Batchelor Myddelton advised me on how to extricate myself from it. They provided very clear and consistent advice including a full risk assessment for taking that course of action.
I have been operating as an independent in the same type of business for some months now without legal interference or hindrance from the franchisor. I was very quite fortunate the way things turned out but without the sound legal and pragmatic advice of Batchelor Myddelton I would not have taken that step. I am very grateful to them.”
Bob Grant, Surrey
Find Out More About Our Fixed Fee Franchise Disputes Service
For a free initial discussion, or for more information, please call us on 01707 647 088 or complete a Quick Enquiry and we will soon be in touch with you.
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