Who Can You Trust, When You Don't Know What You Don't Know?

In Search of Truth
Perhaps you are a potential franchisee and you are schlepping through the "homework" of deciding whether or not franchising is for you. You are carefully deliberating whether or not to catapult your life and career into a new direction or simply return to the way it was. You talk to the franchisees, you attend Discovery Day, you talk to the officers and CEO of the company, your attorney reviews your UFOC, and then it hits you. You realize everyone you talked to has their own agenda, their own unique way of looking at the world. Some have a vested interest in your joining the franchise, some don’t. You have lots of feedback, but how much of it can you trust?
The franchisor’s representative
The franchisor’s rep is the ambassador of the brand. He does a fairly good job of answering your questions and walking you through the investigation process. But you didn’t feel like you were thoroughly screened. You have had tougher interviews applying for jobs. Considering how much is on the line, you don’t really know whether or not you are right for the business. What happened?
Then you realize, the franchise salesperson is just that, a salesperson. Their pay is tied to whether or not you join the chain, regardless if you succeed. You could fail, and they still get their commission. Additionally, they have never run the business you are about to buy. They may get what it takes to win theoretically, but they have never done it. This doesn’t mean you can’t trust their feedback, but it does mean you have to balance their feedback with other information.
The CEO and Officer’s of the Company
You went to Discovery Day and met some wonderful people who say the right things and look the part. They tell you that some people make it and some people don’t. They say those who don’t are the ones not following the system. Those who are winning are the one’s following the system. This sounds right at first, then it hits you…the franchisor seems to be accepting credit for the franchisees who win and distancing themselves from the ones who are struggling. They seem to be taking credit for the victories and distancing themselves from the setbacks. Then you think, every business has a typical bell curve distribution. There are 25% of the people who are so good, put them anywhere and they win. You think surely these aren’t franchisor victories, these are franchisee victories. But then you remember, the franchisor successfully brought them into the system. Good for the franchisor you think. Then there are 25% of the people who are so incompetent, put them anywhere and they screw up. Surely these aren’t franchisor failures, are they? Then you think who brought them into the system? Bad for the franchisor. So you decide to discount the top and bottom 25% and look towards the middle. Isn’t this what the system is really producing on average?
The Franchisees
You talk to the franchisee community. Surely you will get some objective feedback from them. Some tell you that they are less than a year in business and they are struggling. They say they are working the system but the system isn’t working. Other, more mature franchisees seem to producing just fine. They say the franchisor just leaves them alone. They don’t need the franchisor and the franchisor stays out of the way. Other franchisees say they work closely with the franchisor that is responsive and adds tremendous value to their business. Who is right? Who is wrong? Who do you believe? You realize that from their own perspectives, they are all right. The franchisor relationship is what they make out of it.
Your Accountant and Attorney
So you hire an accountant and attorney to protect your downside. They go over with you all the risks and why you shouldn’t do it. You are left de-energized and doubting yourself. What happened? Then you realize, you hired them to help you identify and eliminate risk. There is only one way to completely eliminate risk, which is to not do it at all. They are just doing their job, but things won’t be as peachy as the franchise salesperson would lead you to believe nor as bad as the picture painted by your attorney.
So where can you go for objective information?
No where. This is not bad, just the way it is. Everyone has their opinion. These opinions are in orbit around the truth much in the same way the planets are in orbit around the sun.
The truth lies somewhere in the middle.
There is no such thing as a free lunch:
Often times the "Free Services", are free to the consumer because they are paid for by the Franchisor. This is not necessarily bad; however it is a reason for extreme vigilance and cause for more homework. Since the Franchisor is paying for the consulting it is probably a case of highlighting the positives and minimizing the negatives. Do not be overwhelmed by the "great testimonials", "thousands of successful franchisees" and "continual support and training". These claims may all be true, but it is best to speak with the CEO, the trainers, and most importantly other franchisees that are where you will be a few years down the road.
Ask to speak to the HOT franchisees as well as the not so hot:
Ask questions:
Why do you feel like you are successful?
How is the support and training?
Would you recommend this opportunity to a potential franchisee?
Knowing what you know now, would you make the same decision to invest if you had it to do over again?
By asking these questions of the most successful and the barely in the game franchisees you will be able to assess whether, the successes and failure are due to attitude, training, management style, lack of training and or knowledge. Ask the same questions of the CEO and trainers. Look at the big picture and past the immediate enthusiasm and initial excitement.
Investigate Everything:
You did a lot of soul searching to decide franchising was right for you. You need to ask questions about everything. In this case of choosing a consultant paid or not knowledge is power! What does the consultant know that you don't? What is the consultant's client satisfaction rate? What is the cost? How much work will the consultant do?
Whether you choose a consultant that you pay or one that is paid by the franchisor, be certain the consultant is looking out for your best interest. If you are unclear about something ask questions. Don't forget you are about to invest a substantial amount of blood, sweat, tears and CASH; No question so go unanswered. There are a lot of ways to research both franchises and franchise consultants. Use the net, ask other franchisees in your area, consult the library, and the local book store.
Franchisors paid consultants are not necessarily better or worse the consultants paid by the potential franchisee...but let the buyer beware!












Who Can You Trust?
Joe:
I can some up your recent BLOG in 1 WORD!
EXCELLENT!!!!
Believe & Succeed,
FranSynergy
Synergizing Franchising 1 Franchisee at a time!
www.fransynergy.com
In Search of Truth
This is a classic, a real keeper on ascertaining franchise truth from the spin. Really good.
Frankman
Great post, Joe
Excellent article, Joe. Very insightful, balanced and well-written.
Prospective franchisees should read this through several times. There are many great points, including that the franchisee/franchisor relationship is what you make out of it.
Sean Kelly
seankelly@ideafarm.net
IdeaFarm, Franchise Pick
Franchisor Marketing , FranBest
Nice Article/don't leave out the positives,though
Joe,
I think you wrote a good article that potential franchisees should read.
2 points that I need to add:
1. We humans need to let adults that are making a huge decision like going into business,
be adults. Unresearched and emotional decisions are made every day on other large purchases like automobiles and homes. Sometimes, people do make wise and informed choices. Franchising can be a way for people to realize their dreams. Let's let them!
2. If potential franchisees are going to use "consultants", they need to be locally based.
Locally based consultants know the local market area, have seen what works and more importantly what doesn't, and have skin in the game...their own!
I always tell my candidates that their are several franchise opportunities that do very well in Ca. and Arizona, but will fail miserably in Cleveland and other Midwest area. I look out for my candidates, and do know the market I live in. I even get paid for it!
I cannot understand to this day why a potential franchise owner living in Boston would work with a "consultant" who lives in Arizona who knows nothing about the market conditions in Boston, and what types of opportunities have a reasonably good chance of success there. Geez! If potential franchisees cannot find a locally based consultant to work with, just go directly to the franchise company.
In summation, all is not doom and gloom in franchising. Every business has its share of rotten apples. Fact gathering is the pesticide.
Franpro
Rashomon: Grasping the Truth
What is the truth in understanding a franchise business? As Joe Mathews has pointed out so clearly, the experiences from the roles we play tend to shape our perspectives. Our self-interests and experiences can jade what we see. It is in a franchiser salesperson's self-interest to exagerrate the bright side, while a franchise lawyer is paid to see risk. And an unsuccessful franchisee may have had such a bad experience with franchising that they are turned off by all franchise concepts, the business equivalent of concluding that it is better to have never loved at all than to have loved and lost.
Each source of franchise "truth" has a different spin.
What comes to mind in understanding the true status of a franchise is the great classic Japanese movie, Rashomon. Its story, imagery and texture have been unforgettable since the first time I saw it at my college international film festival some twenty three years ago.
The movie's plot begins with visitors getting out of the pouring rain, gathering in a temple under Rashomon gate. The "Gate to Grasp Life", written in large kanji or Chinese characters, frames the beginning and the ending scenes of the movie. The theme message of the gate is lost to those who cannot read Japanese, but it begs the question to Japanese viewers; namely, how much of life's truths are the characters grasping? How much do we grasp?
The wet visitors at the temple soon begin to enquire into the day's trial of a salacious local crime. The accounts of the witnesses in court are recalled as the murder is seen in flashbacks through the eyes of a wood cutter, a samurai, a wife who has been raped, and a bandit, played by a burgeoning star in Japan, Toshio Mifune. Each witness has such a different spin that the viewer is forced to ask if they are indeed seeing the same event. Yet, since each witness accuses themselves unfavorably of committing the murder, you know that they are telling the tale as they honestly see it. (In case you are wondering, even the dead man is able to come back to give his account through a soothsayer).
Akira Kurasawa's classic movie shows just how hard it is to grasp truth. One senses that the truth is somewhere between the various tales but we aren't exactly sure where. The movie has no definitive solution of the case, much like the case study method in business school does not provide a set answer to the truth of a business.
If self-interest can blind us, Kurasawa gives us a sliver of light in the final scene. The wood cutter agrees to take care of an abandonded baby at the temple, saying "I have six children at home, one more is nothing." In so doing, he grasps a little life from "The Gate to Grasp Life".
So go get your bag of popcorn to enjoy an online viewing of Director Akira Kurasawa's 1950 masterpiece Rashomon, care of Blue MauMau and Google Video.
[Mature themes but no nudity or swearing. B&W. Japanese with English subtitle. Japanese movies before 1953 are public domain. Running time: 1 hr. 24 min.]
Medieval Marriage Brokers [commissioned]
Joe,
I wish I could support your approach as, it appears reasonable enough.
Technically, it's built on sand, misleading in its omissions and impossible in practice.
Apologists: Please focus
Thinking of a "franchise marriage"?
You're not marrying ONE franchisor; you're, potentially, going into a medieval relationship with EVERY franchisor [franchisor saints and sinners]
It is such a ludicrous situation that of course the piece work guys howl. I'd be peeved too if I earned my living by building castles in other people's skies.
Your bias is showing.
Les Stewart, MBA
Industry Investment Analyst
FranchiseFool.com:: the wise learn to say No
Reactivate Forum
OK. The discussion umpire is coming in. This is an excellent discussion thread on understanding franchise resources that is starting to get side-tracked. Discussing buying a franchise versus going independent is more appropriate in the forum:
Les, would you feel comfortable moderating that forum? It hasn't had a posting in a while. I think you could warm things up there.
Mr. Blue MauMau
Community Umpire
Sure, Joe!
But, don't forget that the franchisor is planning to make more out of the relationship that you do -------and it is your money that he is going to use to make his money on! ----And, the nature of franchising is that even if you fail, the franchisor is only inconvenienced.
Always look to see who is patting whom on the back!
Read Franchise Fool ----Les Stewart ----who writes to inform and not for money.
This was a good article, Joe, and a great post, and I respect your good intentions and there are some franchises out there that someone might make a living on. But, I agree with Les Stewart, franchises are not good investments -------there are better places to put your investment money.
Let the Buyer Beware!
Snow Removal in Miami
Franpro's
First Point is DEAD ON!
Second Point: well I must respectfully disagree in part. I agree that market knowledge can be helpful. But first and foremost I think it is important that you work with someone who has your best interest at heart AND who understands the product. If you're looking at a the HOT NEW SNOW REMOVAL FRANCHISE, and you live in Miami, the product knowlegable person who has your best interest at heart will quickly point out that it's probably not going to do real as well as it would in Minot, ND.
Believe & Succeed,
FranSynergy
Synergizing Franchising 1 Franchisee at a time!
www.fransynergy.com
Grasping the Truth
Thank you, as always, for insight, understanding, and for urging us to look within for our own truth -----based on what we see, what we hear, and what we feel, and what we feel to be in our own best interests.
We cannot resist serving our own interests -----we would die sooner than later if we did otherwise. But, we can "reach" for a better self and a better world and understand that this too is in our own interests.
And, institutions should "reach" as well!
Pardon my confusion...
Les, I am simple person and I just can't seem to understand what you are trying to say? What are "high idiosyncratic sunk costs"? Is it some kind of MBA/Industry Investment Analyst talk that is over my head?
Married
Say what? Huh?
And I didn't marry one wife, I potentially went into a relationship with every wife in America to carry out my husbandly duties. Think the courts will buy that?
Sometimes I just don't follow your logic.
Frankman
Les than objective
Dear Les,
You have an opinion which you collapse with the truth.
In 20 years of franchising, here is what I found.
This is a generalization, but typical franchisee performance in a typical franchise system falls into a typical bell curve distribution which looks like the following;
The top third have great businesses and produce more wealth than they would in their past careers.
The middle third produces more or less about what they produced in their past careers.
The bottom third struggles. Out of the bottom third, about half make it to the middle and the other half sell or fail.
In an excellent franchise system with a highly competent franchisor, even average performing franchisees do better than from whence they came.
I am not an apologist for franchising. I am an apologist for excellence in franchising. Anyone who has read "Street Smart Franchising" knows we detail the telltale signs of incompetency in franchising.
Les, what would you think if I made a series of posts with such blanket statements as "Avoid Industry Investment Analysts (your field Les). Aren't they in bed with the companies they are supposed to be analyzing? Aren't they crooked and incompetent? Aren't they regularly wrong, costing their clients hundreds of thousands of dollars? Isn't our money safer left in the bank, or better yet, stuffed in our mattress? Besides, can't I do my own analysis? What do I need a crooked and incompetent Industry Analyst for?
Les, wouldn't you think me a fool? Wouldn't I be a fool?
Les, you are right to publish FranchiseFool. But not for the reasons you hope.
Hundreds of thousands of people (mostly employees) investigate franchising as a career option. Did you ever stop to think how many franchisees investigate employment as a career option? Once a pickle, never a cucumber again. The transformation from employee to entrepreneur is typically one way.
Joe Mathews
Franchise Performance Group
Co-author Street Smart Franchising
Clarification: Franchised v. Independent Business?
Mr. Blue MauMau,
At your service.
Do you mean the discussion should focus on seeing if franchisees face any additional challenges than do independent businesspeople?
Loose talk is just that: beer talk. Is it possible to raise the level of discussion by trying to adhere to the following indicators of quality discussion?
Maybe we can look at:
Otherwise, it's a lot of heat but not might light.
Les Stewart, MBA
Industry Investment Analyst
FranchiseFool.com:: the wise learn to say No
Right ON!
FranSynergy's point of Franpro's 1st point being right on... is well.... right on.
I also would like to respectfully agree with FranSynergy's point of market knowledge.
If a local "consultant" knowns the product, but only wants to make a "sale", then the whole point of trying to work with a local resident goes right out the window, just like let's say...Global Warming.
Thanx,
FS
Franpro
Your the man! The FrankMAN!
YOU DID? WOW! I don't know if congrats or condolences are in order? Either way You are the man! The FrankMAN!
As for LES, his logic, and not getting it. It seems you're not alone there either!
Believe & Succeed,
FranSynergy
Synergizing Franchising 1 Franchisee at a time!
www.FranSynergy.com
Go Joe! You might be D'Man
I love the Pickle/Cucumber analogy. Your bell curve (as described) closely resembles my experiences. AND YOUR EXACTLY RIGHT about GREAT FRANCHISE SYSTEMS finding ways to create a better average.
Believe & Succeed,
FranSynergy
Synergizing Franchising 1 Franchisee at a time!
Go Joe and Investment Ramblings
I am new to this site but I can see how you throw the "red herrings" out there to change the subject.
If you didn't have Les Stewart to pick on, you would just have to talk to yourselves and wouldn't that be boring? When you can't put up a good defense, a good offense is a good defense.
Still waiting to hear from Joe and fransynergy about all those great and wonderful franchise opportunities out there that are backed up by facts and statistics.
Still hoping that you will become more pro-regulation and try not to dump so many victims into the Bell Curve. And all that silly stuff about Les and I "yelling fire in a crowded theatre! You guys are really insecure!
Free speech is wonderful and it has been paid for and secured for "the people" since the beginning of our country by those who would question the morality and the legality of the status quo!
How is it possible that you
How is it possible that you could not have noticed all the franchised businesses on every highway and byway in North America...McDonald's, Wendy's, Applebee's, Panera, Tim Horton's, Dunkin Donuts, Century 21, Coldwell Banker, HR Block, Comfort Inns, Microtel, Holiday Inn, AAMCO, 7/11, ArcoAm/PM, KFC, Stanley Steemer, Chem-Dry and countless others.
So do you still demand proof that there are great franchise opportunities in the marketplace?
Have you ever owned a franchise? Have you owned an independent business? Were you successful at either? Or are you simply an uninformed critic?
More Red Herring
Of course I noticed that there are some successful franchised businesses out there. You keep missing the point. You want to hype franchising but you don't want to regulate it and weed out the bad franchises. Why? And, many of these successful franchisees you list are second or third generation owners. Do you dispute this?
You snidely indicate that I an an uninformed critic but you make no effort to inform me. We have different objectives, obviously. You want to hype and sell and I want to warn and save innocent victims from losing their hard earned savings and houses and 401's because you stick a carrot in their eyes.
Red Herring Smerring...
Your mind is made up. Your intent for whatever reason is to diminish and restrict franchising by enacting more laws that are unnecessary. While there are plenty of franchise and contract laws at both the state and federal levels for people to avail themselves.
You or anyone else for that matter can franchise with a mature franchise brand by building new or by buying an existing unit. You can avoid the unproven concepts by employing appropriate due diligence.
Show me the franchisee blood streets from the wholesale slaughter by the evildoing franchisors, the public disinterest in franchising because of this scandal and the conspiracy of the mainstream media to cover up the franchisor collusion to cheat unsuspecting franchisees out of their life savings.
Thank God for the bloggers the last bastion for truth and justice, our saviors.
More Red Herring and the party line
Sure, there is plenty of franchise law and contract law to protect the franchisors ----but not the franchisees.
I wasn't aware that there was scandal and conspiracy of the mainstream media to cover up the franchisor collusion to cheat unsuspecting franchnisees out of their life savings. But, I'm not surprised.
Why don't you tell the readers about this.
Franchise laws
I am not aware of any laws that were enacted to protect franchisors.
Insincerity Alert
The glass is...,
All franchise laws that I am aware of [with one or two exceptions] were to protect the franchisor not the franchisee.
This is especially true with the FTC enforcement record.
Franchise laws exist for the same reason that warnings on cigarette packages exist: to confess a little sin in the hope of covering up the mortal sin.
As Susan Kezios said on Mar 6, 2000: Mr or Mrs Smith don't stand a chance
Les Stewart, MBA
Industry Investment Analyst
FranchiseFool.com:: the wise learn to say No
Name Some...Les
Please name the laws that were enacted specifically to protect franchisors.
FTC & 100% Canadian Provincial Legislation
As an Example
Susan Kezios of the American Franchisee Association has repeatedly called for the abandonment of the FTC's Franchise Rule.
The AFA believes the present veneer of government intervention misleads potential franchisees into thinking that there is oversight (ie. a watchdog).
This laws were created to deceive not to protect.
Les Stewart, MBA
Industry Investment Analyst
FranchiseFool.com:: the wise learn to say No
Canadian Laws Notwithstanding...
Which US laws were enacted to protect franchisors?
Your comments regarding the AFA's and Kezios opinions violate your own rules of empirical discourse since they are simply opinions.
The Sin of Omission
The sin of omission to fully and fairly disclose franchisee risks as discussed by Kezios and others in the IFA carries a lot of weight -----don't you think?
Maybe, the new Congress, who have announced that they are the party of the people and not the party of business sins, will finally urge the FTC to put some teeth into the federal rule!
The FTC Rule, For One
1. the FTC's refusal to allow private action, for one.
2. Please read my terms of reference more carefully.
All animals are equal, some are more equal than others. To equate an academic opinion with a pseudonym's is equally foolish. Some people have earned the right to be cited; others not quite yet.
Les Stewart, MBA
Industry Investment Analyst
FranchiseFool.com:: the wise learn to say No
Disclose what is Useful to Investors [discard the rest]
Volume Alone not Enough
I think everyone agrees that there is a tremendous amount of disclosure under the present regime but it has not significantly changed anything in +30 years [Kezios, Oversight Hearings 1999 & Ontario, Canada hearings, 2000]
Another 100 pages of disclosure document will not help.
What will help is the appropriate, investor focussed [not franchisor-led] relevant disclosure that recognizes the unique nature of franchising [franchisee's captured investment]
True Investment Risks
The only relevant question is: How likely will this franchisor exercise their discretion within the incomplete contract in order to strip value from the investor? [act opportunistically]
Public Law AFTER Private Law
The record is clear: the dominant party owns the public agencies. Waiting for "daddy" to take care of us will not happen [based on +40 years of waiting]
The best approach is via information sharing. Establish an ISO 9000-type process, assign reputations credibly. Private law will drive public law but it will never happen the other way around.
The logical interim solution is one that thousands of investors have already arrived at: Don't invest until the quality improves. [stay out of the water strategy]
STANDARD OF CARE: Absence of Opportunism
Those that support the status quo choose to make this over complex. It isn't.
Test of Opportunism
This all sounds very airy-fairy but it is not.
There is a simple test to see if opportunism was at play in a specific situation [Hadfield, Ontario hearings, Mar 8, 2000]
1. If the answer is yes, (the franchisor would have likely done the dirty IRRESPECTIVE of asset ownership) there is NO opportunism.
2, If NO, the franchisor is misusing their dominant position and opportunism is present [franchisee's assets are captured and open for abuse].
A simple, very practical, common sense rule. A standard everyone can understand.
No one can seriously argue against this, now can they?
Les Stewart, MBA
Industry Investment Analyst
FranchiseFool.com:: the wise learn to say No
Well...
I don't rely on Kezios or the AFA for objective franchise discussion.
I have a question for you, what is it that drives you in your crusade?
Your Reply is Disingenuous, Les...
To say that because their is no private right to action under the FTC Rule does not mean that the FTC Rule or any laws for that matter were enacted to protect franchisors.
If you tell me what drives you!
The glass is!
I've always had "do gooder instincts" and I truly believe the the government and the franchisors have a duty, under democracy, to fully disclose the risks of franchising opportunities.
If franchisors fully disclosed the risks of franchising opportunities, the franchising sector would survive but some "victims" would be saved from the life altering experience of losing everything they have to buy that big-name brand who profits on their investment, even when they fail. It is pure greed and exploitation for the franchisors and those who make their living pushing franchising to fight honest disclosure laws. I understand that altruism and business don't mix but the partnership of democracy and capitalism is threatened when the law and government is captured by corporate giants and corporate brands who drive public policy and case law in the courts in their own interests and to the disadvantage and prejudice(sp) of individual rights.
My teachers in the public schools of Chicago, Jewish and Irish and Polish Americans, formed my consciousness to be vigilant against those forces who work against individual freedoms and democracy under the guise of the "public good"!
Guest, Is it possible...
Objectivity and Subjectivity
Sure I could be wrong and so could you! We are searching for "truth" and "truth" is often subjective, based on ones experiences and thought processes after "facts" are digested.
But, how can we be objective and look for truth when you disguise your rhetoric as "facts" upon which to make investments and criticize my rhetoric as not being based on facts?
Why doesn't Mr. Blue Mau Mau monitor this "fact" dispute?