Whenever I hear these questions, my first response is to point to some of the undifferentiated concepts that have achieved high levels of success in the marketplace. “What about janitorial services—why have they been so successful?” Then I go through the list. Maid services. Lawn care. Carpet cleaning. Temporary and permanent placement firms. And of course, the list goes on and on. testking 642-355 The fact of the matter is, a significant number of franchise companies are in industries in which their products or services are not readily differentiated. What these questioning entrepreneurs fail to understand is that, as entrepreneurs, they are the one group on earth that is perhaps the least suited to understand the mindset of the prospective franchisee. testking HP0-J23 The typical entrepreneur is, at least by my definition, someone who never saw a rule he or she did not want to break. And, in many respects, the entrepreneur is often the last person you would want to be a franchisee. The best franchisees are not the rule-breakers. And, in fact, the truly entrepreneurial are often the least inclined to buy a franchise.
The best franchisees are motivated adopters—people willing to accept some level of risk, but people who, nonetheless, are willing to follow the rules established by their franchisor. testking 640-822 But if the franchisee isn’t buying your “secret recipe,” what exactly are they buying?
Ultimately, what the franchise prospect is buying is a combination of two things: a strong value proposition plus a unique market position.
360clean is different from any other cleaning franchise in the franchise industry. First, they are very stringent in who they invite to be a franchise owner. Secondly, 360clean focuses on commercial offices but specializes in healthcare facilities. Additionally, 360clean has alliances with national medical associations.
If you need to buy a franchise in order to learn how to clean halls and toilets, then this is for you. If you are smarter than your average 3rd grader, run like hell.
--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Yes I a have heard of it. In reviewing it, it is very easy to see what the idiot, uh I mean victim, no I mean prospective franchisee, yeah that is the term, will do for the con...I mean shyster, no, what is that word, ah I got it now, franchisor but I fail to see the overall benefit to the victim, uh I mean franchisee.
I laughed my rear off reading the franchise information. What was it P.T. Barnum said again...
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
Has anyone heard of a donut franchise called Honey Dew Donuts? I am looking into their franchise and would so input from the pros on this site.
Thanks in advance.
Hello all. I am a prospective "zee" and am seriously looking at a Meineke / Econo Lube co-brand opportunity that is an existing corporate owned location.
I am doing my due diligence and it's been tough to figure out if this is a good opportunity or not.
Frankly, from what I've been reading on this site and others, franchising in general is a risky proposition.
Of the "zors" I've looked at, the Meineke / Econo Lube co-brand looks pretty good. The location has excellent viewable signage on a high-traffic thoroughfare and the current car counts I was shown look pretty strong (averaging low of 90 to high of 150's per week for the first four months of 2008, with average right around 118 per week).
Anyways, I could give out a million more details of why I like it so far, but would like to ask these questions to all out there in franchise land:
Is the Meineke / Econo Lube co-brand opportunity a good one? Can you make money with this franchise? Meineke has gotten the stamp of approval from the AAFD, does this mean anything? Is the co-brand a good idea or should one stick with Meineke only, if even that? Is a $7,700 lease including cams per month for a 6 bay shop too much? Is Meineke a strong brand? In your opinion will this type of franchise weather a bad economy for a couple of years?
Please support your opinions rather than just saying it's good or bad.
Thanks!
The AAFD Fair Franchising Seal was awarded to Meineke, largely based on the fairness of the Franchise and Trademark Agreement. This agreement differs substantially from the FTA being offered to Meineke/Econolube co-brands. If you decide to purchase, make sure that you have a franchise attorney review both so that you make the proper choice on whether to co-brand, assuming they are giving you an option.
Meineke does have very strong brand awareness (92%). It is impossible to comment on the lease without knowing more about the specific location. As a 23 year veteran of the Meineke system and the President of the Meineke Dealers Association, I would be willing to assist you as you continue your due diligence. If you will simply register on this site, you can send me a private message with your email address and I will respond.
That's part of the problem. I can't seem to get the P&L, Balance Sheet, Cash Flow info for the corporate owned location I'm looking at.
Here's what I've been able to find out so far (in general):
From my discussions with the franchise rep, it sounds like this location is either barely profitable or not profitable, but he believes there are reasons for that and that a dedicated zee can make it profitable.
His reasoning:
Current car counts are healthy, but total ticket price is too low and a zee will be able to follow the system and increase the average ticket to a better level.
Utilities are too high. A zee will be able to monitor the lights and heat better and cut down this expense a lot.
Labor and COGS is too high. A zee will be able to make the COGS more favorable and make the labor more efficient. Also that current employees are paid higher than the area's average because they are more autonomous due to the corporate situation and that a zee would provide leadership and could pay less on labor.
Also, corporate is buying some items and services that were higher in price, but more convenient, and that a zee could tighten this up too, which would add to the bottom line.
Royalties and ad fund run 13 percent, broken down as 4.5 percent local advertising, 3.5 percent to George Foreman (LOL) national advertising, and 5 percent royalties.
Lease with cams is $7,700 per month.
Price is $100,000 and includes 1st and last, $7K in inventory, $14K in equipment.
Are zors obligated to release P&L, balance sheet, cash flow info on corporate owned stores they are selling? The info would be extremely helpful, but my rep has given me the impression (at least that's my interpretation) that he can't give that info.
So, what does everyone think? Is the Meineke / Econo Lube co-brand opportunity a good one? Are they obligated to give me specific financial info about the location? Any feedback?
Guest writes: "Are zors obligated to release P&L, balance sheet, cash flow info on corporate owned stores they are selling? The info would be extremely helpful, but my rep has given me the impression (at least that's my interpretation) that he can't give that info".
There should be no impression or interpretation, either he has that information to provide or he doesn't.
Remember that Meineke only recently acquired the Econolube franchise, and although this center may now be in corporate hands, that might only be a recent development. If this location was individually owned and operated until recently, past P&L's, balance sheets, and cash flow statements might not be readily available.
Also, given the asking price, it is clear that this opportunity is not one that is based on past performance, but on future potential. If the $100,000 includes first and last, inventory and equipment valued at $21,000, (which seems low for a six bay facility), and the initial franchise fee, then less than $35,000 is left, not even accounting for furniture and fixtures.
Yes the franchisor can provide operating statements for a going concern company location and for a company representative to say otherwise would be disengenuous to say the least. Now maybe the salesperson is ill-informed but I doubt it.
Bottom lineis no P&ls then no deal, no more discussion, no negotiation, nada!
I just read this in our "off the wire" section of trade journal news feeds. The following thre me for a loop.
"Math Monkey™, a Miami-based supplemental education company that teaches Vedic math... is now opening franchises in South Florida and beyond."
Vedic Math?? What's that? Is that math that includes zeroes? (The concept of zero was invented in India. Sounds like some Hindu Maharastra voodoo thing. But in googling, I found this out.
"Vedic Mathematics" is the name given to the ancient system of mathematics, or, to be precise, a unique technique of calculations based on simple rules and principles, with which any mathematical problem — be it arithmetic, algebra, geometry or trigonometry — can be solved, hold your breath, orally!
Never heard of this thing before. I was raised in a family in which we thought the abacus was supreme. Interesting concept. I can compute large numbers and complex problems without writing it down.
If you want to find the square of 45, you can employ the Ekadhikena Purvena sutra ("By one more than the one before"). The rule says since the first digit is 4 and the second one is 5, you will first have to multiply 4 (4 +1), that is 4 X 5, which is equal to 20 and then multiply 5 with 5, which is 25. Viola! The answer is 2025. Now, you can employ this method to multiply all numbers ending with 5.
There's a press release that says that Mexican food and ethnic food is seeing high growth right now. Is this true or just PR? Has the time for ethnic food franchises arrived?
Anyone know anything about HalloweenExpress as a franchise concept? Look at the spike in traffic (below) that they get around a two month period. They become one of the most travelled franchise websites during that period. What a way to set up shop -- have expenses for two months right during a huge boom in interest.
After Halloween, shut down the shop and go do something else until next year. Meanwhile, keep costs at a minimal; ideally, keep it at nothing.
We have dozens of those here in Houston - one from each place whence came our immigrants - village by village almost.
My next door neighbor owns one - Chinese. Nothing on the menu (which I can't read anyway) is served in what Americans usually think of as a Chinese restaurant. General Tso never ate General Tso's Chicken, if you catch my drift.
No one in the restaurant ever speaks English, though I suspect many are able to.
They are popular with their target clientele because they have not Americanized the food. It is just as it was in the old country. Much of what is on the menu would make your average American diner wretch from being told what was in it or fom actually seeing what's in the dish - for those things that are even recognizeable - most of it is chopped rather small. Try wine pairing stewed pig's stomach. The animal genitalia dishes are easier to wine pair.
A Falastinian neighbor is about to open your customary Middle East rotisserie. His sign is in Arabic. His menu is in Arabic. It will be the local Falastinian hangout, I am certain. I doubt the Poulet Hamas (spicy) and the Poulet Fatah (Milder) will be that popular elsewhere in town, certainly not a few blocks away by the new Or Ami Synagogue. There are Nigerian and Ethiopean restaurants in town, but it is hard to imagine the word "cuisine" being associated with a menu from a country where everyone is starving and dropping from hommoragic fever - Chez Ebola? There too the body parts in the ragout may not have broad appeal in a country where obesity is the disease du jour. What Houstonians throw up is more appealing than what is served in those restaurants. A friend of mine who is more adventurous than I wretched for almost a week from the goat gland stew.
But, I am certain that it will all soon be offered as the ticket to becoming your own successful boss in some franchise incarnation. After all, though they may be dying faster than they can reproduce, there are so many millions of Africans who regularly spend $ 7,000,000,000 for this, that and the other thing and represent a "niche" market into which you may be admitted to the ground floor by someone who doesn't sell franchises but awards them.
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Mr MauMau and experts,
I'm a prospective buyer of a Liberty Tax Services franchise. They only give out their UFOCs at their seminars in Virgina Beach (at least my contact person tells me that's where & when they will give me mine). I don't see on your website (or Jackson-Hewitt either). And, I cannot find it on Cal-Easi. I've searched under "Liberty," "Tax," "Liberty Tax," etc, with the boxes checked for "contains" and "ignor punctuation," but cannot find what I'm looking for. I know Liberty Tax is in CA. Can you guide me?
Check out Blue MauMau's Web Resources, Who's looking Out for You? There are a number of associations and organizations that can give you insight. However, you also have:
Franchise brokers
Franchiser Advertising Directories
Profile Assessments
And more. Franchise brokers may give you a profile assessment to determine your interests and aptitudes. They presumably would then guide you to the franchisor that they represent in which they feel there is the best fit. However, that may mean that if you have more money available that they might steer you to a more weighty investment so that they receive more money from the franchisor.
I seem to recall that Susan Kezios did some work with their f'zees. Don't remember the specifics, but you could always call her, the website is www.franchisee.org.
Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
How do you tackle this problem of a small town with a street that only has traffic of 15,000 cars per day? It seems that franchises with low fixed costs are the way to go. If fixed costs are high, like an expensive Burger King, you won't have enough traffic to feed the beast. So maybe you look at low start-up cost franchises.
Here's a list of only food businesses with start-up costs under $20,000 from FranchiseGator's Low Cost Franchise Site.
Wine Lovers
Candy Bouquet
Coffee Heaven
Eccellente Gourmet Coffee
Java Dave's Coffee
Jugo Juice
It looks like this list is pretty heavily weighed down with Coffee Houses. That's interesting considering how the donut shops are also leaning more to coffee.
So how do you brokers and consultants handle franchise recommendations for small town America?
JTH Inc (dba Liberty Tax Services) filed an exemption (pdf, 1 pg.) for franchise disclosure document registration in December 2006.
Technical note: Cal-Easi's dbase uses some sort of dynamic code in its search URL so that a search can not be saved and linked to. That is why the links that have been copied here are not working. However, its individual pdf files can be linked to.
Small town America is not the place to invest in any franchised business unless it is at an exit on a busy Interstste highway where there are lots of gas stations, and the site is right there at the freeway exit and is selling sandwiches, burgers, fries and cold beer..
A wine store in a small town is my idea of suicide. A wine store in any city unless you really have a lot of experience in the wine business (in which case you don't need a franchise) is another way to leave this world broke. These other so called low entry cost franchises are similarly low quality/lacking durability deals. If you're selling something called Jugo Juice in small town Texas, somebody's gonna think you're an Al Quaeda cell.
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
It appears that Retrofitness offered a Rescission in Maryland just recently, in July, for violations of Maryland State Law and a Consent Order was published and can be read on Google. The injured franchisee did not have to forfeit her rights under the Maryland law to a civil action. In fact the Rescission Offer states specifically and clearly that she will retain her rights to a civil suit.
What is going on? Why were D&R of Coffee Beanery offered different terms in their Rescission Offer from CB that was negotiated by the State of Maryland with DLA Piper representing CB?
What did CB/DLA Piper bring to the table in Maryland? Why was this "special" rescission negotiated, that so mislead Deborah and Richard because it indicated that they would have to forfeit their rights to a civil action if they accepted the Rescission.
Why did Dale Cantone then personally urge them to arbitrate and why in arbitration were they destroyed?
Something is definitely wrong with this picture.
Mr Blue MM found an UFOC for prospective Area Developer. (I was shocked when it started off saying min fran fee was 100,000! I was told less that $50,000.
Using your search terms, I did find a UFOC for 1/31/05, with edits to update to 1/31/06.
The primary advantage of owning a franchise is that you are in business for yourself but not by yourself.
According to recent studies on franchises...
According to the United States Department of Commerce, 90% of franchise businesses are still operating after 10 years, while 82% of independent businesses have failed.
38% of independent businesses fail in the first year while less than 5% of franchised businesses fail in the first year.
Total franchise sales exceed $1 trillion.
Franchises represent 40% of all sales in the United States, while representing only 8% of all businesses.
94% of franchise owners consider themselves successful.
75% of franchise owners would repeat their franchise again while only 39% of Americans would repeat their jobs or businesses.
Retro Fitness® offers you the opportunity to be your own boss, and build your own successful business based on your hard work. Your success is enhanced as well by the successes of other franchisees without any extra effort from you.
You are right I have read all of the Consent Orders issued by Maryland and recison is offered plus the right of private action
Why is Cantone allowing CB to sell to Maryland residents?
Has no shame?
This could be the real Cantone letting everyone know just how little the franchise laws mean to anyone except the zees.
Dale Cantone set R&D up. Now that I think about, wasn't this done in an election year?
The Attorney General who had been in Maryland for over 20 years retired. Maybe someone thought they may need a job soon?
In a country where we research almost everything and there are government grants to study the sex life of the turtle, etc. it is odd that there is no reliable government research concerning franchising where franchiSEE success or failure is part of the research. I believe that there is no reliable government or academic research concerning franchiSEE failure because of the cooperation in the status quo to obscure and hide the failure rate of first -generation franchisees from new first generation franchisees who build new units for the franchisors.
Apparently, as long as the franchisors are compliant with UFOC's, it doesn't matter to the State how high the failure rate of the original first-generation franchisees may be. The failure rate of first-generation franchisees is ignored under the law.
When the government talks about the success of franchising, they are talking about the success of franchisors who can stand disproportionately on the backs of failed franchisees who made it through the first two, three, four, years attempting to break even, and then failed. As long as the franchisors can control the assets and acquire the businesses in failure for third parties who take over the business this is a success and NOT a failure for the franchisor. Managed churning of first-generation franchisees increases the visibility of Networks and it is on the basis of the visibility that new franchises are sold. Failed franchisees are generaly invisible and only a small proportion make it to the courts.
We see that blogger "Truth in Franchising" has integrity. He says they are compliant and that they expect franchisees to do their due diligence and he doesn't deny that he sells franchises with very high failure rates.
In a country where we research almost everything and there are government grants to study the sex life of the turtle, etc. it is odd that there is no reliable government research concerning franchising where franchiSEE success or failure is part of the research. I believe that there is no reliable government or academic research concerning franchiSEE failure because of the cooperation in the status quo to obscure and hide the failure rate of first -generation franchisees from new first generation franchisees who build new units for the franchisors.
Apparently, as long as the franchisors are compliant with UFOC's, it doesn't matter to the State how high the failure rate of the original first-generation franchisees may be. The failure rate of first-generation franchisees is ignored under the law.
When the government talks about the success of franchising, they are talking about the success of franchisors who can stand disproportionately on the backs of failed franchisees who made it through the first two, three, four, years attempting to break even, and then failed. As long as the franchisors can control the assets and acquire the businesses in failure for third parties who take over the business this is a success and NOT a failure for the franchisor. Managed churning of first-generation franchisees increases the visibility of Networks and it is on the basis of the visibility that new franchises are sold. Failed franchisees are generaly invisible and only a small proportion make it to the courts.
We see that blogger "Truth in Franchising" has integrity. He says they are compliant and that they expect franchisees to do their due diligence and he doesn't deny that he sells franchises with very high failure rates.
Those statistics are and always were incorrect. The Dept of Commerce "survey" was completely incompetent and based upon inadequate response. Subsequent research by respected business school faculty reveal that there is no material difference in the success/failure rate between franchised and independent small business start ups.
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Yes this makes great sense? Dale would purposely side with Coffee Beanery a Michigan based company so he gain votes from Marylanders? Are you out of your mind? Maryland is liberal democrat tax and spend state.
Wow you can really connect them dots!
Misinformation on the Internet from Franchisors is rampant but yet the FTC does nothing because apparently this is not advertising.
The FTC is responsible for advertising on the Internet but we see this is just another blank check given to franchisors and potential franchisees will be taken in, thinking that franchisors can't lie on the Internet.
I believe that there is no reliable government or academic research concerning franchiSEE failure because of the cooperation in the status quo to obscure and hide the failure rate of first -generation franchisees from new first generation franchisees who build new units for the franchisors.
My reply:
Oh I don't know about the reason why, but here is something that might interest you.
We now turn our attention to the extent of entry and exit by both franchisors and franchisees. There is a perception that opportunities for franchisors and franchisees are burgeoning. There is some truth to this as many new firms get involved in franchising each year. But there is also a perception that franchising is safe, especially for franchisees as compared to independent business start-ups. The data we present below show that, in reality, substantial business risks exist for individuals who choose to invest in a franchise. In fact, franchising is no safer on average than independent business ownership, and in some cases is actually more risky. . . .
We conclude that the data contradict the notion that investing in a franchised business is a risk-free or very low-risk endeavor.
Enjoy,
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
I googled the site for Md.
Here is what I found:
7/23 Guard A Kid recision plus right of private action
5/30 System 4 LLC recision plus right of private action
5/14 Wheel Repair Solutions recision and right of private action
2/23 Our Town America recision and right of private action
R&D were telling the truth
They are the only ones who had to waive the right of private action
Why?
Why is Cantone allowing CB to prey on Maryland people?
Maybe Janet Sparks can investigate and ask why R&D were betrayed?
In light of the Orders all haveing the right of private action plus recision , Dale should answer for leading R&D to bankruptcy.
What did it cost for this sanction to work against R&R and not CB?
So what's a prospective franchisee to do? Seek value, investigate thoroughly, perform sufficient due diligence, avoid the latest and greatest fad and invest slowly but with great care.
Get real advice, the kind you pay for from reliable providers and don't rely solely on message boards or the internet for cheap data; it is a false economy!
TIF
P.S. If you can't afford proper investigation and due diligence you are not qualified to pursue a franchise investment. Additionally, if you are an idiot please avoid all business ventures.
This book, "The Economics of Franchising" is probably a very well done study of franchising but, of course, it doesn't expose "managed churning" that is permissible under the UFOC's and really doesn't indicate the truth that four out of five small businesses fail within the first five years.
Academic Research walks the thin line of trying to support the status quo and yet tell the truth, if not the whole truth. The old red herring of the independent business vs. the franchised business as a statistic is thrown out there always to confuse the real issue and the truth that four out of five small businesses will fail in five years, both independent and franchised businesses.
Actually, after the fact, I read several CPA's who indicate that four out of five small businesses fail within the first five years. Who would know better than the CPA's, who apparently don't work for the government.
I believe that there is cooperation between the FTC and the IFA and the brokers not to spread this figure around. If prospective franchisees knew the actual statistics, as demonstrated by first-generation franchisees who fail within the first five years, and which statistics are NOT required to be disclosed by the franchisors to prospective buyers, they wouldn't, of course, pony up their houses and their 403's and 401's and their sasvings for the American Dream.
The Congress snd the Department of Commerce and the FTC know this and yet they provide the appearance of regulating franchising to disclose the risk to the propspective buyer and they have the nerve and the gall to call it an investment. If the small franchised business stands two, three, or five years before failure, it does feed the economy and the franchisors and the job market, and franchisees are a calculated sacrifice under public policy and the status quo.
The UFOC's and the FA's are designed to protect the franchisors from not clearly disclosing the KNOWN statistical risk of the investments, and to transfer the duty and obligation to the buyer through the phoney baloney of the Item 20 references.
Disgusting practice by the government of the people who calculates and condones the sacrifice of some of the people to the profits of some of the corporate people. Even the FTC says ---"IF POSSIBLE" check this UFOC out with your CPA or an attorney (or something like this. The FTC knows, of course, that the visibility and the appearance of government endorsement will provide plenty of "marks", who will not do their due diligence and discover the risk, for the franchisors and the brokers who do not talk about success or risk in any statistical terms. It will always be the failure of the ZEE not to do their due diligence and not the failure of the ZOR to disclose the actual risk.
This is why Truth in Franchising Blogger cannot say that he does not sell high risk franchises to the public. This is why the SBA will guarantee loans at almost any risk and this is why the banks are willing to loan, etc...
It is only the failed franchisee who is the log on the fire of development who fails. The government doesn't fail, the banks don't fail, the franchisor doesn't fail.
Fuwa! you are an honest man! Does the end justify the means? Could franchising be regulated as well as securities and still survive?
Fuwa,
Don’t know where in the book you got that quote, perhaps you could cite page number or source? Here’s a direct quote from the preface of the same book, “The Economics of Franchising.”
“In most situations, franchising works very well for franchisors, franchisees, and consumers alike, which is why it has grown to the extent that it has. Because it works well most of the time, we expect that franchising will continue to flourish in the world economy. At the same time, however, we know from economic principles that franchise relationships are by their very nature fraught with many difficulties arising essentially from differences between the needs and goals of the franchisors and those of the franchisees.”
You can see that quote here:
http://www.cambridge.org/catalogue/catalogue.asp?isbn=9780521772525&ss=fro
Dante
My research tells me the same thing - that franchising is not a leg up on survivability. It also tells me that the failure rate amongst new franchisors is probably over 80 %. These franchisors go bankrupt, and their franchise agreements' liquidated damages clauses are assets of the bankrupt estate. The creditors can try to enforce them notwithstanding that the franchisor went broke.
People have no idea what they are looking at when they go to discovery day, have some franchise "consultant" who gets paid by the franchisor they buy from "help" them with due diligence, and get a $ 250 lawyer to "read the contract".
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Entrepreneur
Whenever I hear these questions, my first response is to point to some of the undifferentiated concepts that have achieved high levels of success in the marketplace. “What about janitorial services—why have they been so successful?” Then I go through the list. Maid services. Lawn care. Carpet cleaning. Temporary and permanent placement firms. And of course, the list goes on and on. testking 642-355 The fact of the matter is, a significant number of franchise companies are in industries in which their products or services are not readily differentiated. What these questioning entrepreneurs fail to understand is that, as entrepreneurs, they are the one group on earth that is perhaps the least suited to understand the mindset of the prospective franchisee. testking HP0-J23 The typical entrepreneur is, at least by my definition, someone who never saw a rule he or she did not want to break. And, in many respects, the entrepreneur is often the last person you would want to be a franchisee. The best franchisees are not the rule-breakers. And, in fact, the truly entrepreneurial are often the least inclined to buy a franchise.
The best franchisees are motivated adopters—people willing to accept some level of risk, but people who, nonetheless, are willing to follow the rules established by their franchisor.
testking 640-822 But if the franchisee isn’t buying your “secret recipe,” what exactly are they buying?
Ultimately, what the franchise prospect is buying is a combination of two things: a strong value proposition plus a unique market position.
Re: Have you heard of this franchise?
360clean is different from any other cleaning franchise in the franchise industry. First, they are very stringent in who they invite to be a franchise owner. Secondly, 360clean focuses on commercial offices but specializes in healthcare facilities. Additionally, 360clean has alliances with national medical associations.It is a FranWhack
If you need to buy a franchise in order to learn how to clean halls and toilets, then this is for you. If you are smarter than your average 3rd grader, run like hell.
--
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Mobile Franchises
Dick Rennik, founder of American Leak Detection and former chairman of the IFA, discusses man-in-a-van franchises.Learn about Mobile Franchise
360Clean
I bumped into this interesting video of an owner-operator's testimonial on YouTube.If anyone posts their experiences with this chain, I'll put this forum thread as its own 360clean forum.
SPICY PICKLE
Has anyone ever heard of Spicy Pickle? Any comments about the franchise organization?Re: SPICY PICKLE
Yes I a have heard of it. In reviewing it, it is very easy to see what the idiot, uh I mean victim, no I mean prospective franchisee, yeah that is the term, will do for the con...I mean shyster, no, what is that word, ah I got it now, franchisor but I fail to see the overall benefit to the victim, uh I mean franchisee. I laughed my rear off reading the franchise information. What was it P.T. Barnum said again...FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
HONEY DEW DONUTS
Has anyone heard of a donut franchise called Honey Dew Donuts? I am looking into their franchise and would so input from the pros on this site. Thanks in advance.Meineke / Econo Lube co-brand
Hello all. I am a prospective "zee" and am seriously looking at a Meineke / Econo Lube co-brand opportunity that is an existing corporate owned location. I am doing my due diligence and it's been tough to figure out if this is a good opportunity or not. Frankly, from what I've been reading on this site and others, franchising in general is a risky proposition. Of the "zors" I've looked at, the Meineke / Econo Lube co-brand looks pretty good. The location has excellent viewable signage on a high-traffic thoroughfare and the current car counts I was shown look pretty strong (averaging low of 90 to high of 150's per week for the first four months of 2008, with average right around 118 per week). Anyways, I could give out a million more details of why I like it so far, but would like to ask these questions to all out there in franchise land: Is the Meineke / Econo Lube co-brand opportunity a good one? Can you make money with this franchise? Meineke has gotten the stamp of approval from the AAFD, does this mean anything? Is the co-brand a good idea or should one stick with Meineke only, if even that? Is a $7,700 lease including cams per month for a 6 bay shop too much? Is Meineke a strong brand? In your opinion will this type of franchise weather a bad economy for a couple of years? Please support your opinions rather than just saying it's good or bad. Thanks!The AAFD Fair Franchising Seal and Meineke
The AAFD Fair Franchising Seal was awarded to Meineke, largely based on the fairness of the Franchise and Trademark Agreement. This agreement differs substantially from the FTA being offered to Meineke/Econolube co-brands. If you decide to purchase, make sure that you have a franchise attorney review both so that you make the proper choice on whether to co-brand, assuming they are giving you an option.
Meineke does have very strong brand awareness (92%). It is impossible to comment on the lease without knowing more about the specific location. As a 23 year veteran of the Meineke system and the President of the Meineke Dealers Association, I would be willing to assist you as you continue your due diligence. If you will simply register on this site, you can send me a private message with your email address and I will respond.
Re:Meineke / Econo Lube co-brand
Please support questions with factual basis!
Is the location profitable?
What do the P&L statements say?
What is the cash flow adjusted for royalties and ad fund?
What is the price?
Then maybe people on the board can help.
The Truth Shall Set You Free!
TIF
The Truth Shall Set You Free!
TIF
RE: RE: Meineke co-brand opportunity?
That's part of the problem. I can't seem to get the P&L, Balance Sheet, Cash Flow info for the corporate owned location I'm looking at. Here's what I've been able to find out so far (in general): From my discussions with the franchise rep, it sounds like this location is either barely profitable or not profitable, but he believes there are reasons for that and that a dedicated zee can make it profitable. His reasoning: Current car counts are healthy, but total ticket price is too low and a zee will be able to follow the system and increase the average ticket to a better level. Utilities are too high. A zee will be able to monitor the lights and heat better and cut down this expense a lot. Labor and COGS is too high. A zee will be able to make the COGS more favorable and make the labor more efficient. Also that current employees are paid higher than the area's average because they are more autonomous due to the corporate situation and that a zee would provide leadership and could pay less on labor. Also, corporate is buying some items and services that were higher in price, but more convenient, and that a zee could tighten this up too, which would add to the bottom line. Royalties and ad fund run 13 percent, broken down as 4.5 percent local advertising, 3.5 percent to George Foreman (LOL) national advertising, and 5 percent royalties. Lease with cams is $7,700 per month. Price is $100,000 and includes 1st and last, $7K in inventory, $14K in equipment. Are zors obligated to release P&L, balance sheet, cash flow info on corporate owned stores they are selling? The info would be extremely helpful, but my rep has given me the impression (at least that's my interpretation) that he can't give that info. So, what does everyone think? Is the Meineke / Econo Lube co-brand opportunity a good one? Are they obligated to give me specific financial info about the location? Any feedback?Availability of financial statements
Guest writes: "Are zors obligated to release P&L, balance sheet, cash flow info on corporate owned stores they are selling? The info would be extremely helpful, but my rep has given me the impression (at least that's my interpretation) that he can't give that info".
There should be no impression or interpretation, either he has that information to provide or he doesn't.
Remember that Meineke only recently acquired the Econolube franchise, and although this center may now be in corporate hands, that might only be a recent development. If this location was individually owned and operated until recently, past P&L's, balance sheets, and cash flow statements might not be readily available.
Also, given the asking price, it is clear that this opportunity is not one that is based on past performance, but on future potential. If the $100,000 includes first and last, inventory and equipment valued at $21,000, (which seems low for a six bay facility), and the initial franchise fee, then less than $35,000 is left, not even accounting for furniture and fixtures.
Profit and Loss
Guest writes: " I can't seem to get the P&L, Balance Sheet, Cash Flow info for the corporate owned location I'm looking at."
Uh, no deal. Simple.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
RE: RE: RE: Meineke co-brand opportunity?
Thank you for filling the gaps!
Yes the franchisor can provide operating statements for a going concern company location and for a company representative to say otherwise would be disengenuous to say the least. Now maybe the salesperson is ill-informed but I doubt it.
Bottom line is no P&ls then no deal, no more discussion, no negotiation, nada!
The Truth Shall Set You Free!
TIF
The Truth Shall Set You Free!
TIF
Resources Available To Find The Best Franchise Fit
What resources are there to help me select which franchise network is the best fit?Vedic Math??
I just read this in our "off the wire" section of trade journal news feeds. The following thre me for a loop.
Vedic Math?? What's that? Is that math that includes zeroes? (The concept of zero was invented in India. Sounds like some Hindu Maharastra voodoo thing. But in googling, I found this out.
Never heard of this thing before. I was raised in a family in which we thought the abacus was supreme. Interesting concept. I can compute large numbers and complex problems without writing it down.
Craig
Ethnic Food Hot??
There's a press release that says that Mexican food and ethnic food is seeing high growth right now. Is this true or just PR? Has the time for ethnic food franchises arrived?
Anyone have any figures on this?
Halloween Express
Anyone know anything about HalloweenExpress as a franchise concept? Look at the spike in traffic (below) that they get around a two month period. They become one of the most travelled franchise websites during that period. What a way to set up shop -- have expenses for two months right during a huge boom in interest.
After Halloween, shut down the shop and go do something else until next year. Meanwhile, keep costs at a minimal; ideally, keep it at nothing.
suzie
SMALL ETHNIC RESTAURANTS
We have dozens of those here in Houston - one from each place whence came our immigrants - village by village almost.
My next door neighbor owns one - Chinese. Nothing on the menu (which I can't read anyway) is served in what Americans usually think of as a Chinese restaurant. General Tso never ate General Tso's Chicken, if you catch my drift.
No one in the restaurant ever speaks English, though I suspect many are able to.
They are popular with their target clientele because they have not Americanized the food. It is just as it was in the old country. Much of what is on the menu would make your average American diner wretch from being told what was in it or fom actually seeing what's in the dish - for those things that are even recognizeable - most of it is chopped rather small. Try wine pairing stewed pig's stomach. The animal genitalia dishes are easier to wine pair.
A Falastinian neighbor is about to open your customary Middle East rotisserie. His sign is in Arabic. His menu is in Arabic. It will be the local Falastinian hangout, I am certain. I doubt the Poulet Hamas (spicy) and the Poulet Fatah (Milder) will be that popular elsewhere in town, certainly not a few blocks away by the new Or Ami Synagogue. There are Nigerian and Ethiopean restaurants in town, but it is hard to imagine the word "cuisine" being associated with a menu from a country where everyone is starving and dropping from hommoragic fever - Chez Ebola? There too the body parts in the ragout may not have broad appeal in a country where obesity is the disease du jour. What Houstonians throw up is more appealing than what is served in those restaurants. A friend of mine who is more adventurous than I wretched for almost a week from the goat gland stew.
But, I am certain that it will all soon be offered as the ticket to becoming your own successful boss in some franchise incarnation. After all, though they may be dying faster than they can reproduce, there are so many millions of Africans who regularly spend $ 7,000,000,000 for this, that and the other thing and represent a "niche" market into which you may be admitted to the ground floor by someone who doesn't sell franchises but awards them.
Richard Solomon
www.FranchiseRemedies.com
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Liberty Tax Services
Mr MauMau and experts, I'm a prospective buyer of a Liberty Tax Services franchise. They only give out their UFOCs at their seminars in Virgina Beach (at least my contact person tells me that's where & when they will give me mine). I don't see on your website (or Jackson-Hewitt either). And, I cannot find it on Cal-Easi. I've searched under "Liberty," "Tax," "Liberty Tax," etc, with the boxes checked for "contains" and "ignor punctuation," but cannot find what I'm looking for. I know Liberty Tax is in CA. Can you guide me?Available Resources for the Best Franchise Fit
Check out Blue MauMau's Web Resources, Who's looking Out for You? There are a number of associations and organizations that can give you insight. However, you also have:
- Franchise brokers
- Franchiser Advertising Directories
- Profile Assessments
And more. Franchise brokers may give you a profile assessment to determine your interests and aptitudes. They presumably would then guide you to the franchisor that they represent in which they feel there is the best fit. However, that may mean that if you have more money available that they might steer you to a more weighty investment so that they receive more money from the franchisor.Low Traffic Franchise
I have great location with 15,000 car count in small town.
any food franchise that would fit this?
Thanks,
Matt
Liberty UFOC @ CALEASI
http://134.186.208.228/caleasi/search.asp?TASKNAME=xsearchFilings
The Truth Shall Set You Free!
TIF
The Truth Shall Set You Free!
TIF
How to Find UFOCs
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Liberty Tax
I seem to recall that Susan Kezios did some work with their f'zees. Don't remember the specifics, but you could always call her, the website is www.franchisee.org.Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
Calling Franchise Gurus
How do you tackle this problem of a small town with a street that only has traffic of 15,000 cars per day? It seems that franchises with low fixed costs are the way to go. If fixed costs are high, like an expensive Burger King, you won't have enough traffic to feed the beast. So maybe you look at low start-up cost franchises.
Here's a list of only food businesses with start-up costs under $20,000 from FranchiseGator's Low Cost Franchise Site.
It looks like this list is pretty heavily weighed down with Coffee Houses. That's interesting considering how the donut shops are also leaning more to coffee.
So how do you brokers and consultants handle franchise recommendations for small town America?
Craig
Liberty Link Doesn't Link
TIF,
The link you provided does not work.
Mr. Blue MauMau
Liberty Tax Services UFOC
Thanks Michael and TIF,
Following your instructions, this is what I discovered.
Technical note: Cal-Easi's dbase uses some sort of dynamic code in its search URL so that a search can not be saved and linked to. That is why the links that have been copied here are not working. However, its individual pdf files can be linked to.
SMALL TOWN AMERICA
Small town America is not the place to invest in any franchised business unless it is at an exit on a busy Interstste highway where there are lots of gas stations, and the site is right there at the freeway exit and is selling sandwiches, burgers, fries and cold beer..
A wine store in a small town is my idea of suicide. A wine store in any city unless you really have a lot of experience in the wine business (in which case you don't need a franchise) is another way to leave this world broke. These other so called low entry cost franchises are similarly low quality/lacking durability deals. If you're selling something called Jugo Juice in small town Texas, somebody's gonna think you're an Al Quaeda cell.
Does Candy Bouquet specialize in Moon Pies?
Richard Solomon
www.FranchiseRemedies.com
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
The Plot Thickens ---What is going on in Maryland?
It appears that Retrofitness offered a Rescission in Maryland just recently, in July, for violations of Maryland State Law and a Consent Order was published and can be read on Google. The injured franchisee did not have to forfeit her rights under the Maryland law to a civil action. In fact the Rescission Offer states specifically and clearly that she will retain her rights to a civil suit. What is going on? Why were D&R of Coffee Beanery offered different terms in their Rescission Offer from CB that was negotiated by the State of Maryland with DLA Piper representing CB? What did CB/DLA Piper bring to the table in Maryland? Why was this "special" rescission negotiated, that so mislead Deborah and Richard because it indicated that they would have to forfeit their rights to a civil action if they accepted the Rescission. Why did Dale Cantone then personally urge them to arbitrate and why in arbitration were they destroyed? Something is definitely wrong with this picture.Area Devoloper's UFOC
Mr Blue MM found an UFOC for prospective Area Developer. (I was shocked when it started off saying min fran fee was 100,000! I was told less that $50,000.
Using your search terms, I did find a UFOC for 1/31/05, with edits to update to 1/31/06.
Thank you for your help everyone.
Retrofitness misinformation from their website below...
The primary advantage of owning a franchise is that you are in business for yourself but not by yourself. According to recent studies on franchises... According to the United States Department of Commerce, 90% of franchise businesses are still operating after 10 years, while 82% of independent businesses have failed. 38% of independent businesses fail in the first year while less than 5% of franchised businesses fail in the first year. Total franchise sales exceed $1 trillion. Franchises represent 40% of all sales in the United States, while representing only 8% of all businesses. 94% of franchise owners consider themselves successful. 75% of franchise owners would repeat their franchise again while only 39% of Americans would repeat their jobs or businesses. Retro Fitness® offers you the opportunity to be your own boss, and build your own successful business based on your hard work. Your success is enhanced as well by the successes of other franchisees without any extra effort from you.Merry Land ?
You are right I have read all of the Consent Orders issued by Maryland and recison is offered plus the right of private action Why is Cantone allowing CB to sell to Maryland residents? Has no shame? This could be the real Cantone letting everyone know just how little the franchise laws mean to anyone except the zees. Dale Cantone set R&D up. Now that I think about, wasn't this done in an election year? The Attorney General who had been in Maryland for over 20 years retired. Maybe someone thought they may need a job soon?Link to Info
Why don't you provide the actual link to where this data was complied? Because it looks a pile to me.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Yes! all the false info about franchising spread to the Public
In a country where we research almost everything and there are government grants to study the sex life of the turtle, etc. it is odd that there is no reliable government research concerning franchising where franchiSEE success or failure is part of the research. I believe that there is no reliable government or academic research concerning franchiSEE failure because of the cooperation in the status quo to obscure and hide the failure rate of first -generation franchisees from new first generation franchisees who build new units for the franchisors. Apparently, as long as the franchisors are compliant with UFOC's, it doesn't matter to the State how high the failure rate of the original first-generation franchisees may be. The failure rate of first-generation franchisees is ignored under the law. When the government talks about the success of franchising, they are talking about the success of franchisors who can stand disproportionately on the backs of failed franchisees who made it through the first two, three, four, years attempting to break even, and then failed. As long as the franchisors can control the assets and acquire the businesses in failure for third parties who take over the business this is a success and NOT a failure for the franchisor. Managed churning of first-generation franchisees increases the visibility of Networks and it is on the basis of the visibility that new franchises are sold. Failed franchisees are generaly invisible and only a small proportion make it to the courts. We see that blogger "Truth in Franchising" has integrity. He says they are compliant and that they expect franchisees to do their due diligence and he doesn't deny that he sells franchises with very high failure rates.Yes! all the false info about franchising spread to the Public
In a country where we research almost everything and there are government grants to study the sex life of the turtle, etc. it is odd that there is no reliable government research concerning franchising where franchiSEE success or failure is part of the research. I believe that there is no reliable government or academic research concerning franchiSEE failure because of the cooperation in the status quo to obscure and hide the failure rate of first -generation franchisees from new first generation franchisees who build new units for the franchisors. Apparently, as long as the franchisors are compliant with UFOC's, it doesn't matter to the State how high the failure rate of the original first-generation franchisees may be. The failure rate of first-generation franchisees is ignored under the law. When the government talks about the success of franchising, they are talking about the success of franchisors who can stand disproportionately on the backs of failed franchisees who made it through the first two, three, four, years attempting to break even, and then failed. As long as the franchisors can control the assets and acquire the businesses in failure for third parties who take over the business this is a success and NOT a failure for the franchisor. Managed churning of first-generation franchisees increases the visibility of Networks and it is on the basis of the visibility that new franchises are sold. Failed franchisees are generaly invisible and only a small proportion make it to the courts. We see that blogger "Truth in Franchising" has integrity. He says they are compliant and that they expect franchisees to do their due diligence and he doesn't deny that he sells franchises with very high failure rates.UNTRUE SUCCESS PERCENTAGES
Those statistics are and always were incorrect. The Dept of Commerce "survey" was completely incompetent and based upon inadequate response. Subsequent research by respected business school faculty reveal that there is no material difference in the success/failure rate between franchised and independent small business start ups.
Richard Solomon
www.FranchiseRemedies.com
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
Dale curries favor with voters by siding with Coffee Beanery?
Yes this makes great sense? Dale would purposely side with Coffee Beanery a Michigan based company so he gain votes from Marylanders? Are you out of your mind? Maryland is liberal democrat tax and spend state. Wow you can really connect them dots!Lies by Retrofitness
Misinformation on the Internet from Franchisors is rampant but yet the FTC does nothing because apparently this is not advertising. The FTC is responsible for advertising on the Internet but we see this is just another blank check given to franchisors and potential franchisees will be taken in, thinking that franchisors can't lie on the Internet.RetroFitness Franchise Offering Link
http://www.retrofranchising.com/WhyFranchise.aspxhmmm...maybe you will like this tidbit...
It was written:
I believe that there is no reliable government or academic research concerning franchiSEE failure because of the cooperation in the status quo to obscure and hide the failure rate of first -generation franchisees from new first generation franchisees who build new units for the franchisors.
My reply:
Oh I don't know about the reason why, but here is something that might interest you.
From:
The Economics of Franchising
by Roger D. Blair and Francine
Lafontaine Cambridge University Press © 2005
We now turn our attention to the extent of entry and exit by both franchisors and franchisees. There is a perception that opportunities for franchisors and franchisees are burgeoning. There is some truth to this as many new firms get involved in franchising each year. But there is also a perception that franchising is safe, especially for franchisees as compared to independent business start-ups. The data we present below show that, in reality, substantial business risks exist for individuals who choose to invest in a franchise. In fact, franchising is no safer on average than independent business ownership, and in some cases is actually more risky. . . .
We conclude that the data contradict the notion that investing in a franchised business is a risk-free or very low-risk endeavor.
Enjoy,
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
Gee I also did not say I don't beat my wife...
Gee I also did not say I don't drown puppies...
Gee I also did not say I don't torture cats...
Gee I also did not say I wasn't a mass murderer...
Gee I also did not say I am not responsible for global warming...
Gee I also did not say I didn't rig the Bush vs. Gore election...
Gee I also did not say I wasn't part of the JFK conspiracy...
The Truth Shall Set You Free!
TIF
Gee you like to put words in my mouth...
You owe me an apology!
The Truth Shall Set You Free!
TIF
How Much Does Cantone Cost?
I googled the site for Md. Here is what I found: 7/23 Guard A Kid recision plus right of private action 5/30 System 4 LLC recision plus right of private action 5/14 Wheel Repair Solutions recision and right of private action 2/23 Our Town America recision and right of private action R&D were telling the truth They are the only ones who had to waive the right of private action Why? Why is Cantone allowing CB to prey on Maryland people? Maybe Janet Sparks can investigate and ask why R&D were betrayed? In light of the Orders all haveing the right of private action plus recision , Dale should answer for leading R&D to bankruptcy. What did it cost for this sanction to work against R&R and not CB?Same Nonsense
You are simply repeating the same nonsense. Please provide a link to the US Govt' site which backs up your assertions.
Michael Webster PhD LLB
Franchise News
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Great post!
So what's a prospective franchisee to do? Seek value, investigate thoroughly, perform sufficient due diligence, avoid the latest and greatest fad and invest slowly but with great care.
Get real advice, the kind you pay for from reliable providers and don't rely solely on message boards or the internet for cheap data; it is a false economy!
TIF
P.S. If you can't afford proper investigation and due diligence you are not qualified to pursue a franchise investment. Additionally, if you are an idiot please avoid all business ventures.
The Truth Shall Set You Free!
TIF
Thankyou FuwaFuwaUsagi ----Academic Research Franchising
This book, "The Economics of Franchising" is probably a very well done study of franchising but, of course, it doesn't expose "managed churning" that is permissible under the UFOC's and really doesn't indicate the truth that four out of five small businesses fail within the first five years. Academic Research walks the thin line of trying to support the status quo and yet tell the truth, if not the whole truth. The old red herring of the independent business vs. the franchised business as a statistic is thrown out there always to confuse the real issue and the truth that four out of five small businesses will fail in five years, both independent and franchised businesses. Actually, after the fact, I read several CPA's who indicate that four out of five small businesses fail within the first five years. Who would know better than the CPA's, who apparently don't work for the government. I believe that there is cooperation between the FTC and the IFA and the brokers not to spread this figure around. If prospective franchisees knew the actual statistics, as demonstrated by first-generation franchisees who fail within the first five years, and which statistics are NOT required to be disclosed by the franchisors to prospective buyers, they wouldn't, of course, pony up their houses and their 403's and 401's and their sasvings for the American Dream. The Congress snd the Department of Commerce and the FTC know this and yet they provide the appearance of regulating franchising to disclose the risk to the propspective buyer and they have the nerve and the gall to call it an investment. If the small franchised business stands two, three, or five years before failure, it does feed the economy and the franchisors and the job market, and franchisees are a calculated sacrifice under public policy and the status quo. The UFOC's and the FA's are designed to protect the franchisors from not clearly disclosing the KNOWN statistical risk of the investments, and to transfer the duty and obligation to the buyer through the phoney baloney of the Item 20 references. Disgusting practice by the government of the people who calculates and condones the sacrifice of some of the people to the profits of some of the corporate people. Even the FTC says ---"IF POSSIBLE" check this UFOC out with your CPA or an attorney (or something like this. The FTC knows, of course, that the visibility and the appearance of government endorsement will provide plenty of "marks", who will not do their due diligence and discover the risk, for the franchisors and the brokers who do not talk about success or risk in any statistical terms. It will always be the failure of the ZEE not to do their due diligence and not the failure of the ZOR to disclose the actual risk. This is why Truth in Franchising Blogger cannot say that he does not sell high risk franchises to the public. This is why the SBA will guarantee loans at almost any risk and this is why the banks are willing to loan, etc... It is only the failed franchisee who is the log on the fire of development who fails. The government doesn't fail, the banks don't fail, the franchisor doesn't fail. Fuwa! you are an honest man! Does the end justify the means? Could franchising be regulated as well as securities and still survive?Lafontaine Continued
Fuwa, Don’t know where in the book you got that quote, perhaps you could cite page number or source? Here’s a direct quote from the preface of the same book, “The Economics of Franchising.” “In most situations, franchising works very well for franchisors, franchisees, and consumers alike, which is why it has grown to the extent that it has. Because it works well most of the time, we expect that franchising will continue to flourish in the world economy. At the same time, however, we know from economic principles that franchise relationships are by their very nature fraught with many difficulties arising essentially from differences between the needs and goals of the franchisors and those of the franchisees.” You can see that quote here: http://www.cambridge.org/catalogue/catalogue.asp?isbn=9780521772525&ss=fro DanteI SEE IT THE SAME WAY
My research tells me the same thing - that franchising is not a leg up on survivability. It also tells me that the failure rate amongst new franchisors is probably over 80 %. These franchisors go bankrupt, and their franchise agreements' liquidated damages clauses are assets of the bankrupt estate. The creditors can try to enforce them notwithstanding that the franchisor went broke.
People have no idea what they are looking at when they go to discovery day, have some franchise "consultant" who gets paid by the franchisor they buy from "help" them with due diligence, and get a $ 250 lawyer to "read the contract".
That is a prescription for disaster.
Richard Solomon
www.FranchiseRemedies.com
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School