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Log In / Register | Feb 7, 2012

Franchise Termination, Old-Style

Posted Tue, 2011/08/02 - 19:48 by Corbin Williston

Modern franchisees can have their franchise terminated for failure to "obey all laws" and be forced to take down their trade dress (brand signs). It turns out that old-style was not much different.

Police Order SumoSalad

Posted Thu, 2011/05/05 - 01:51 by Ray Borradale

Australian franchisor SumoSalad found out that when you hand a piece of paper to police to evict a franchisee it helps if it’s the right piece of paper.

Australian Bank Franchise Model Flawed

Posted Thu, 2010/08/05 - 12:05 by Ray Borradale

The community banking franchise model has been condemned claiming many are costing more than they generate for the communities which own them.

Aus Franchisor Loses In Appeal

Posted Wed, 2010/07/14 - 17:07 by Ray Borradale

The New South Wales Court of Appeal determines where Franchisors promote estimates of fees to prospective franchisees, those estimates must be reasonable and based on performance data ‘where information of actual turnover was readily available to the Franchisor’.    

Code Sends Strong Message

Posted Wed, 2010/07/14 - 14:13 by Ray Borradale

Australia’s franchising Code of conduct sends a strong message to Ray White Real Estate franchisor. Don’t you come back now or we’ll make you promise again.

You Signed What?

Posted Fri, 2010/06/04 - 20:55 by Ray Borradale

‘From time to time’ franchisees, and even normal folk, put their signatures to contracts that in hindsight were obviously intended to separate them and their money and deliver simmering leverage as a ‘don’t argue’ surprise.

Impertinent Questions In Search of Pertinent Answers

Posted Thu, 2010/04/15 - 10:05 by Stan Turkel

Question:   How is it possible that the largest hotel franchise companies can advertise for new franchisees without even mentioning the major issues: territorial protection, termination and windows provisions, liquidated damages, choice of venue, dispute resolution, vendor exclusivity, minimum performance, etc.?

Termination: Notice to Cure, Non-Curable Breach

Posted Mon, 2010/03/22 - 19:21 by Paul Steinberg

Franchise agreements customarily provide that where one of the parties is alleged to have breached, the non-breaching party must notify the breaching party and give an opportunity to "cure."

GM Hopes For Dealer Revival

Posted Wed, 2010/01/06 - 19:32 by Ray Borradale

Hundreds of General Motors franchisees thrown out last year could see their franchise restored as an arbitration process starts this month.

Court In The Middle

Posted Fri, 2009/07/10 - 05:30 by Ray Borradale

Should a franchisee who continues to operate the franchise be able to assert ‘constructive termination’?