Buying A Franchise

Buying a new franchise business and profitably expanding requires the right steps. At Duell | Law, we care about our clients and have the experience and knowledge to address questions, solve problems and counsel franchisee clients in all areas of the franchise legal equation. With 35 years of experience answering your franchise questions, Richard Duell has an extensive history representing both franchisors as well as franchisees, allowing him to foresee issues and offer more all-encompassing solutions that bring short and long-term benefits.

Franchisee Services

Duell | Law provides a broad range of franchisee services by assisting single unit and multi-unit operators with:

  • Comprehensive review and analysis of Franchise Disclosure Documents (FDD) and franchise agreements, reflecting potential areas a prospective franchisee may negotiate, analyzing Franchisor’s non-compete provisions and the law chosen by the franchisor.
  • Business formation, including the creation and structuring of the franchisee entity, Operating Agreement and the drafting of shareholder or membership agreements.
  • Purchase of the franchise from an existing franchisee, including advice on proper due diligence and areas of negotiation and preparation of transfer documents.
  • Acquisition and development of multi-unit or area development and master franchise opportunities.
  • Review and negotiation of Commercial Leases.
  • Third-party agreements, including independent contractor, supplier, employment, confidentiality and non-compete agreements.
  • Negotiations with franchisors (including the negotiation of renewals of existing franchise agreements).
  • Dispute resolution with franchisors.

Why Use A Franchise Attorney

If you are considering buying a franchise or are considering renewing your franchise, an experienced franchise lawyer can help protect you and provide the foundation for profitable expansion by reviewing the Franchise Disclosure Documents (FDD), negotiating the franchise agreement, assessing the business, reviewing and negotiating the lease and providing day-to-day practical advice on how to most effectively launch or continue your franchise business. Over the years, Duell | Law has advised countless individuals and businesses acquiring franchised business opportunities in industries ranging from restaurants to professional and home-based services. In addition, we have worked with numerous franchisors, creating their FDDs and advising them on how to set up their franchise systems.

Duell | Law‘s vast franchise and leasing experience allows us to help franchise clients negotiate the best possible Commercial Lease terms while still satisfying the requirements of the franchisor.

Duell | Law also assists existing franchisees who are considering a renewal of their franchise business upon expiration. Since franchisees often have only a limited period within which to exercise their right to renew, reviewing their franchise agreement before expiration is a crucial part of the process with our clients. We also help them understand the differences between their existing franchise agreement and their required renewal agreement, which can often have significant changes. To make sure our clients keep the benefits of their original franchise agreement, Duell | Law also helps with any negotiations.

Acquiring Existing Franchised Businesses

Acquiring an existing franchise can have benefits beyond starting a new franchise. As a new franchise business owner, you can obtain existing customers and customer information, knowledgeable employees and an established location, providing a true turn-key operation for you. Duell | Law works with these franchise business owners in their negotiations and agreements with the franchise seller as well as those with the franchisor.

Franchisor Problems and Disputes

From time to time, franchisors and franchisees file various claims between each other, which can lead to high-stakes legal situations. As a Franchisee you will benefit from working with an experienced franchise attorney like Richard Duell. By taking early action, the negative effects of litigation can often be mitigated or even eliminated.

Contact Duell | Law Today!

We take great pride in the level of personal service we can bring to your franchise legal matters. We want to learn more about you and help you determine if we can be of assistance. Please take a minute to talk with us about your concerns. Whether you are a current franchisee or purchasing a franchise, just call 205-408-3025 or fill out our contact form and see for yourself just how closely we engage ourselves in addressing the individual concerns of every client.