iSold It Declares Franchise Concept Unproven
The iSold It franchise system is still new and unproven. We are concerned about financial losses incurred by many early franchisees. The system is subject to ongoing change as we work to lower overhead, increase revenue and generally improve the profitability of our stores. We cannot and do not guarantee that your store will be profitable, either under the present system or under the system as it evolves." - (page 2 of iSold It's redline UFOC, May 25, 2007)
Regarding "redlined" UFOCs, Mark Leyes, Director of Communications for California's Department of Corporations, explains: "For the state of California, a redlined UFOC is a revised Uniform Franchise Offering Circular that the state requires because of pertinent material changes that affect the required disclosure of a franchise system. Words that are added are indicated with a line under them. Words that no longer apply are crossed out with a line."
Nick Bibby, a franchise consultant with over 25 years of franchise experience, observes: "Until a system is proven, it has no business being franchised." He continues: "But I believe that most successful businesses can be systemized and made ready for franchising under the proper leadership."
The International Franchise Association writes that one of the key elements of buying a franchise, as opposed to setting up one's own business, is that a franchise provides a proven concept. "A franchise increases your chances of business success because you are associating with proven products and methods." (Introduction to Franchising, IFA, pdf p.10)
When asked why iSold It amended its UFOC, Robin Day Glenn, an attorney at franchiselawteam.com who represents the company, declined to comment, citing attorney-client privilege.
Meanwhile, the troubled franchisor of eBay drop-off stores continues to sell franchises on its website (see above photo). Its newest franchise recently opened in Hesperia, California.
- Franchise topic:



An iSold It retail center is moving from retailing to experiment with a warehouse format to service higher ticket items from businesses.
Read more at Wisconsin's PostCrescent.com
Very good article, Don.
Demonstrates that nobody reads UFOC's
The transalation of the red-line revision is the following.
"We are really worried that our collective a**es are going to sued off, so we thought we really ought to disclose what piece of c**p this system is, and probably will be for some time."
Put it on the Franchisor 500 Crap List.
Michael Webster PhD LLB
Misleading Advertising Law
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Reporter's note: Here are the questions that were sent on July 18 to iSold It that were declined July 24.
There have been rumors rolling around on the Internet about iSold It so we greatly appreciate you [Ken Sully, CEO of iSold It] taking the time to set the record straight.One of your comments (about having a truck collect the higher end items) suggests a merger fit. If the eBay drop off/iSoldit model were to acquire 1-800-GOT JUNK, the trucks would already be part of the enterprise.
[For those who dont spot the obvious sarcasm, please call me and I'll explain it to you]
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
“Nick Bibby... observes: "Until a system is proven, it has no business being franchised."
Great quote. Straight to the point. Zing!
Very good point that Kevin Murphy makes in his article. What were the franchise buyers thinking?
It turns out that they had an unproven concept from the beginning and were dishing out their dollars to prove the concept. Ken Sully is an old franchise vet, starting even before his days as VP of Franchise Development at MBE in the roaring early 90s. He knew better than to sell an unproven concept. Dock a point to the franchise seller for being able to pull the wool over the eyes of their buyers.
But all those iSold It franchise buyers, what were they thinking to buy a business that hadn't even shown yet that it could succeed? Murphy answers:
Ah, passion, or more correctly blind greed with little analysis. Dock a point from the buyers for being taken in with little due diligence and dreams of a fat future.
And Murphy correctly asks, who contributed to this travesty? The system and the media - that's who.
Dock California's Department of Corporations for not needing to disclose if a franchise concept has been in business and profitable for a year to two years.
Want to see all the media going gaga over iSold It's uproven franchise? It seems the mass media have shuttled in synch to shout praises and whip up the buying fervor.
Just look here. Sad. Dock many more points to the reporters and mass media who fawned over this novel concept with ne'er a thought to its franchise and business fundamentals.
CEOs try to stifle franchisees and outsiders to think falsely: "No! Don't publicly discuss the negative. You will lose the value of your store investment."
Psst, tell you a secret... Corporate officers don't like losing their jobs and think of ways to get franchisees to stay still.
But franchise chains and enterprises have their own immune system when faced with mismanagement and the ominous threat of liquidation. It's fueled by the franchisee's sense of self-preservation. Franchisees begin to figure out ways to better influence and pressure - sometimes having to use the media. With mounting pressure and the need to make mullah, board members elect to find new officers with a clear direction to lead the network out of the wilderness before any system with a modicum of health collapses.
If franchisees just hold their hands to their side and go quietly to that great beyond, then the network really had AIDS to begin with.
P.S. How come there isn't literature out there about franchise governance? All I can find is some prof from Germany.
They were overjoyed at the money they saved by not getting due diligence assistance before they bought the franchise.
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
In case iSold It decides to delete their news page, here are the media going gaga over iSold It:
There's much more, but let's just jump to the television spots so that this doesn't scroll to the whole page. Beginning to understand how easy it is to get taken in by the trade and mass media hype?
Craig,
You show just how much of the hyped-up business media dished out this concept to unsuspecting buyers, without asking fundamental questions about the viability of the model. The business media must do better!
In contrast, other than Blue MauMau, here are the lone, muffled small voices saying "hey, wait a minute..." amidst the constant boom of endorsement of the business media pack.
Organized, aggressive franchisees are the only remedy (other than litigation) for the abusive and misrepresenting franchisor.
Unfortunately, that just doesn't happen until there is one foot in the grave and the other on a banana peel.
People still believe, contrary to fact, that they can just talk it out with a bad franchisor. Well, you can't. Talkers are simply too easy to deflect with psuedo cooperation window dressing responses.
You have to do that which will make their hearts and minds follow. There are parts to every franchisor which, when aggresively squeezed, end the talk and start to get real cooperation.
No matter what the franchise agreement says, there are effective guerilla warfare options that drive bozo franchisors nuts and bring about improvement. Organization and generalship are the key. And of course, no general can prevail without an army of "ready" soldiers. Franchisees have to make their own minds right before they can make the franchisor's mind right.
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
Governance means many things. Grossly stated, governance means how you run the company/busness/relationships with other contract parties.
Managers are people, not perfect. People are always under performance pressure that sometimes clouds the real issues. This is debilitating. Sometimes good people simply can't overcome the performance pressures, and it is the system itself that turns them into worse people that they really are.
If the leadership is venal, the system will function that way and the worst will usually happen.
With a contract that says you are always right and everyone else is always wrong, that venal behavior is greatly facilitated.
For some insight into how that might work in an enlightened company, see
http://www.franchiseremedies.com/franchise-compliance.htm
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
Bob, about a year ago there were a series of threads, this is one of them at franchise-chat.com, http://www.franchise-chat.com/forum/showthread.php?t=714&highlight=isoldit.
It was easy to show that the stores weren't making any mone.
Michael Webster PhD LLB
Misleading Advertising Law
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Bob:
Thanks for inclusion. There are some other, like The Biz-Op News (Michael Webster), FranchisePundit.com (Ryan Knoll), FranBest.Com (me), and the forum at Franchise-Chat.com.
I first learned about iSold It from Amitheonlyone.org and rip-offreport.com. Recently, while putting together a "blogliography " on eBay auction franchises, I was amazed to discover that Michael Webster and others were warning about this concept three years ago on Franchise Chat. BMM & FP since played major roles in creating dialogue about this and other important issues.
I've received emails and comments from thankful franchise prospects and I've seen many more here from people Blue Mau Mau has saved from unwise, ill-informed decisions. Good franchisors need to realize that unproven, unstable franchise offerings and unscrupulous franchisors are hijacking potential franchisees that might otherwise have joined their systems and succeeded. The good franchise companies - and there are many - will hopefully come to realize that the blogging phenomenon is a threat only to those who need the shadows to thrive. For good franchisors creating win-win opportunities, it's a tremendous opportunity.
There's a great opportunity for real change here. Remember, this is a very new phenomenon (FranchisePick.com only launched last November, BMM has been around since '04 but really got rolling in the last couple of years) However, there's undoubtedly going to be increasing efforts to shut down this dialogue by those who profit from the status quo. It will be a terrible tragedy and lost opportunity if that's allowed to happen.
Sean
Franchise Pick
FranBest (article submissions welcome)Franchise Pick
Website: FRANCHISE PICK
Hmmm, so franchisees need to figure out where and how to squeeze corporate by the *****, huh? Such action would certainly get my attention - in either one way or the other.
For squeeze lessons, contact Richard, squeeze consultant extraordinaire.
P.S. This site has to be a bad franchisor's worst nightmare and a good franchisor's best blessing. (I said that so Mr. Blue doesn't censor me.)
I must be really dumb, cause I can't think of "legalities" as a motive for continuing to be in position to sell failed concept franchises while at the same time contemplating bankruptcy. Contemplating bankruptcy has to be in the game plan under these circumstances. The bankruptcy option is conspicuously on the table.
It probably has more to do with simply wanting to get money by hoook or by crook without regard to investment worthiness.
But since, in hindsight, there was no competent concern for investment worthiness at any time in the history of this franchise, why start now?
Unless there is some hidden golden oppotunity here that no one knowledgeable can identify, this is just more of the same low life, devil take the hindmost rip off.
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
We will know that real change has arrived in the franchise due diligence world when the UFOCs at Caleais are discussed in serious detail.
Michael Webster PhD LLB
Misleading Advertising Law
Michael Webster, a franchisee attorney in Toronto, Ontario, publishes a website on business opportunities and franchises called "The BizOp News"
Michael & Franchise Pick,
Thanks for the input. OK. Let me compile what we have.
Listed below are the few small but extraordinary voices that asked "Where's the beef?" about iSold It and other eBary drop-off store concepts.
FranchisePick has compiled a great blogography on the genesis of the eBay drop off store warnings.
And according to FranchisePick, Michael Webster was the earliest to make noise about this dog when he did so three years ago (got a link?). Hence, I nominate Mr. Webster as Blue MauMau's franchisee champion of the month. Hell, the year ...
Kahuna, kahuna, kahuna...
If you want resources for aggression regimentation, try www.FranchiseeAssociationManagement.com
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
It was written:
Solomon…and he is often very brash, rash, aggresive
My reply:
To my view, he simply is a man, he posts like a man, and he acts like a man which is a rarity in this feminized metro-male society around us. I like Richard's posts and his way, 'cause frankly I think a lot of people prance around the issues here like a bunch of non-union pipe fitters.
I am a more or less a poor ol’ southern boy and we tend to think a bit different. But apparently the world has changed. Ya'll make think it is for the better, but my people have been here maybe 400 years now...business was conducted on a hand shake and man's word was his bond. He broke his word no one would supply him, no one would do business with him, and no one would spot his back trail. Pretty much he was done for. Now days people think they can get away with anything simply because people let them.
Normally I don't talk about such things ‘cause I know it offends a lot of people’s delicate sensibilities, but when I read Richard's post somehow he just doesn't come across like a mamby-pandy boy. I can appreciate it as I spend most of my day in the board room surrounded by a bunch of ivy league educated east coast types. Cripes, between the smell of hair gel in the air and skin exfoliates I think I am in a 10 dollar cat house. I tip my hat to you Richard.
FuwaFuwaUsagi
FuwaFuwaUsagi
"Never underestimate the power of stupid people in large numbers."
Fuwa and Solomon are real men. If men were like them women can stay home and be mother's to their children.
The thing I love about both of these men you know where they stand. There is not enough of them around so us women can create a home that is clean and nuture our children. Here's to REAL men!!
Who buys unproven concepts and why?
Intriguing question. I know a great guy who works really hard. When he gets off his shift at the factory, he puts in more hours at the little laundromat he owns, and some rental properties he has. He's about to lose all he's saved on a blatantly stupid pyramid scheme. This will be the third time, the third scheme. He's not (otherwise) an idiot, but there's no dissuading him: This one's the real deal. This one's different than the others. This one will change everything.
Maybe it's the same reason people buy lottery tickets. Only these lottery tickets require second mortgages, savings accounts and loans.
SeanFRANCHISE PICK
Franchise Pick
Website: FRANCHISE PICK
Tells you alot about that person.
I remember when I worked with a nasty boss. She died of cancer and we went to her funeral. There were no tears. Her employess didn't go to her wake. You can tell what kind a person is when they die. People will be sad for the family but never miss the person who treated people bad.
It isn't constructive.
I don't really want to talk about those franchisees that took their lives. But I want to be angry for those that got lost in what overwhelmed them.
'Lest we forget'
The previous comment was about a bad zor who died.
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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