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Selling a Franchise Lawyers

Selling a franchise is similar to selling an ordinary business but differs in some aspects. Your franchise agreement will set out the procedure for selling an individual franchise or transferring your rights. It is vital that any sale of a franchise be conducted in accordance with all relevant franchise documentation and legislation.

Our specialist franchise lawyers can assist with the following to effect the sale:

  • drafting or reviewing the sale of business agreement;
  • ensuring compliance with the franchise agreement;
  • negotiating with the franchisor and any third parties;
  • assisting with the settlement;
  • advising on any restrictions preventing you from selling or opening up a new business; and
  • assisting with the transfer or assignment of the lease.

LegalVision’s franchising team has advised some of Australia’s largest franchise networks. We have helped franchisees sell their franchise in various industries and can apply this experience to help you through the sales process. Our broad experience means we understand our clients’ industries and the multitude of factors that impact a successful sale for both a franchisor and franchisee.

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5 things you need to know about Selling a Franchise

  • Many franchisees build up their business and then look to sell to generate a capital gain. This can be a great strategy and can be beneficial from a tax perspective, compared to only generating an income from the business.
  • One key issue that franchisees face when selling a franchise is getting the franchisor’s approval. The Franchise Agreement requires the franchisor to either sell the business back to them or sign off on the new franchisee.
  • Once you find a franchisee who will pay the asking price and who ticks all of the franchisor’s boxes, you will need to engage a lawyer to prepare a sale of business agreement.
  • The new franchisee will need to enter into the Franchise Agreement with the franchisor, as well as ancillary agreements like the restraint of trade agreement and sometimes a personal guarantee.
  • If you are selling a franchise that is operated from a physical premises, you will need to ensure that the commercial lease is assigned to the new franchisee. This can involve negotiating with the landlord and assisting the purchaser with the necessary negotiations. Finally, keep in mind that the easier you make it for the purchaser to come on board as the new franchisee, the easier your exit will be.

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Unlike other law firms, LegalVision provides businesses with ongoing and on-demand legal support through our unlimited legal services membership. When you become a member, you get access to an experienced team of lawyers to assist with all your business' legal needs. Your membership includes:

  • Unlimited Document Drafting,
    Reviews and Amendments
  • Unlimited Legal Advice Consultations
  • Unlimited Domestic Trade Marks
  • and more…

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  • Cost Certainty

    We offer our clients a range of pricing options to suit their needs and provide transparency around legal costs. Our membership offers unlimited legal services for an affordable monthly fee.

  • Specialist Lawyers

    LegalVision caters to a full range of commercial law needs. Our lawyers are specialists who bring extensive experience from working at leading law firms in Australia, the United Kingdom, New Zealand and across the world.

  • Responsive Timeframes

    We understand that timing is critical, particularly for businesses that have a large number of legal projects. LegalVision is committed to delivering our services within short timeframes that fit the commercial needs of our clients.

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