Ubiquitous Whining

Ubiquitous Whining - The Mighty Whine When They Don't Get What They Want, Just Like the Lowly

I have lamented the pusillanimous whining on BMM about poor ignorant franchisees getting fleeced by their betters on franchise deal after franchise deal.

Well, I now have to recognize that there are times when the high and mighty, accustomed to being able to “shave points” off the expectations of others with whom they deal, sometimes get caught in their own games and whine just as long and loudly as any poor bled dry franchisee.

Recently, one of our leading lights wheeler dealers here in the Houston area, whose reputation includes sometimes telling folks who have deals with him that he doesn’t feel like performing and that they can just lawyer up, got his anatomy in the wringer for cooking the books. Seems like he back dated stock options to improve their value to the optionees, and got ratted out for it by someone who thought him less than worthy of aiding and abetting.

Being publicly held, he had to delay filing his annual report pending restatement of his results to reflect remediation of his peccadilloes.

Seems there was a clause in his bond underwritings that required prompt filing of financial reports when due that was breached by the delay. The trustees for the bondholders gleefully declared a default and accelerated the loan balance in a rising interest rate market – shame on those opportunistic sumbitches!

He, of course, not wanting anyone to be able to invoke provisions of agreements willingly signed upon advice of very experienced counsel of his choosing, filed suit against the trustees, claiming that they are unfairly blackmailing his company for the evil purpose of raising the interest expense on the remaining debt as consideration for waiving the default. He wanted them enjoined from calling in the debt while he tried to find other lenders, if they couldn’t indeed be forced to forego their obviously very valuable right to accelerate.

Being impaled upon his own pole/hoisted by his own petard, he now has to pay much more for his lapse, thanks in part to a damn good federal judge who can read.

That doesn’t stop his PR flack from proselytizing all and sundry to have sympathy for his having been caught cooking the books. After all, he notes, this is Houston where everyone’s books are redolent of herbs, garlic and larceny. The I aint Enron defense didn’t work. But you’d think he had bought a Coffee Beanery Café franchise from the sound of it all.

An ode to whining and Andy Rooney

<p>
Whining is good for the soul. It makes you live long and calls our attention to problems. Tonight was whiner Andy Rooney&#39;s last night on CBS&#39; 60 minutes. Here&#39;s one of the 92-year old&#39;s beloved whines about modern art.&nbsp;</p>
<center>
<p>
<iframe allowfullscreen="" frameborder="0" height="375" src="http://www.youtube.com/embed/bsfX6xqCBks&quot; width="450"></iframe></p>
</center>
<p>
There are few things more American than whining when things simply aren&#39;t good enough, or we don&#39;t like it. I don&#39;t think Andy would like the thought of shutting up and giving a check to an attorney to fix the problem, not when he can whine about it.</p>

Posted by Darnelle White on October 2nd, 2011

Great Job, Darnelle!

You have so much to contribute!

Posted by Guest on October 2nd, 2011

Whining and Happiness

Its taken me a while to recover after learning from Michael and Fuwa that there are whiners who bought into franchising so they would have someone, the franchisor, to blame when it all went wrong.  Then last night I watched 60 Minutes [Australia] where a report indicates that overly happy people avoid negative information but are then more prone to taking risks. This could be a break through in the search to identify the ultimate franchise prospect trigger but also explain the downturn in franchise growth.

Posted by Ray Borradale on October 3rd, 2011

The Bias to Optimism

Ray starkly writes: "Its taken me a while to recover after learning from Michael and Fuwa that there are whiners who bought into franchising so they would have someone, the franchisor, to blame when it all went wrong.  Then last night I watched 60 Minutes [Australia] where a report indicates that overly happy people avoid negative information but are then more prone to taking risks. "

Ray, I think that you have overstated our case somewhat.  Fuwa and I were trying to explain how otherwise reasonable people fail to take even the most basic steps in pre-sale due investigation.  My own view is that for far too many people, purchasing a franchise is equated with their determination not to be fired again - and so they set themselves up to be taken advanatage of by unscrupulous franchise brokers who play to this tune.

Posted by michael webster on October 3rd, 2011

...I stand firm

Ray (the Aussie Tasmanian devil) writes:

Ray starkly writes: "Its taken me a while to recover after learning from Michael and Fuwa that there are whiners who bought into franchising so they would have someone, the franchisor, to blame when it all went wrong.  Then last night I watched 60 Minutes [Australia] where a report indicates that overly happy people avoid negative information but are then more prone to taking risks. "

To which the Good Barrister replies:

Ray, I think that you have overstated our case somewhat.  Fuwa and I were trying to explain how otherwise reasonable people fail to take even the most basic steps in pre-sale due investigation.  My own view is that for far too many people, purchasing a franchise is equated with their determination not to be fired again - and so they set themselves up to be taken advanatage of by unscrupulous franchise brokers who play to this tune.

And everyone’s lovable ball of fur sayeth:

Well I am not backing down. Since getting interested n franchising as opposed to small business ownership I have been roughly interviewing active franchisees(i.e their doors are still open) and contrasting their views and commentary with that of small business owners.  That is how I formed my hypothesis and I stand by it as one of many potential models that explains franchisee behavior.

I still contend that many franchisees are drawn to franchising because they are innately fearful of having people perceive them as failures so they try to mitigate the risk to their own ego by insulating themselves from the public perception of responsibility by selecting franchising as a business model.   This works on a host of levels as it allows them to bolster themselves at first as a risk taker and small business owner and if successful they will attribute all the success to their own initiative and view the zor as a parasite who feeds to that which they have built. But when failure occurs the zor and the system is the source of their failure.

We have seen this even in this forum. The walking wounded repeatedly creating conspiracy theories that are out of balance with the reality of the world around them.  

Solomon has offered a far more plausible explanation many times that does not involve black helicopters, the Loch Ness monster, and the Tri-Lateral commission when he recounts the evolution of the FDD and the FA.  He also has given the most sage advice relevant at this point in time in his post labeled “Rarely? How about never? The FDD doesn't even give the” and posted on 2011-09-30 at 08:53.

And while Solomon offers a explanation for what many ex-zees see as a labyrinth of conspiracies that apparently take place in the nether world of Thoth-Amon I offer a simple explanation as to why a percentage of zees wander down the path to a personal financial armageddon of their own making.

on October 3rd, 2011

Fuwa writes, "This works on a

Fuwa writes, "This works on a host of levels as it allows them to bolster themselves at first as a risk taker and small business owner and if successful they will attribute all the success to their own initiative and view the zor as a parasite who feeds to that which they have built. But when failure occurs the zor and the system is the source of their failure."

My experience has been that successful franchisees generally view their relationship with their franchisor as a partnership. Those with true entrepreneurial spirits will often seek a different challenge. Perhaps, they will venture into creating their own brand and utilize skills learned through franchising to build their new model and systems.

Other successful franchisees are content with their relationships but will often rationalize that it is their labor that bears the fruit of the relationship. When asked to side on franchisee issues they are the hardest to rally together. They often seek special favors from their franchisor.

Franchisees that blame the franchisor for their failures often buy into systems with a broken business model. These franchisees must accept a degree of personal responsibilty.

The outliers are franchisees that bought into decent systems that were eventually sold. The new franchisor enforced draconian practices by exploiting the FA to generate additional sources of revenue.

Posted by Jone McI on October 3rd, 2011

This is not true.

"We have seen on this forum.  The walking wounded repeatly creating conspiracy theories that are out of balance with the reality of the world around them." Fuwa

This one statement is putting the statistics of franchising into a catergory that is simply not true.  There are very smooth people out there.  Our salesperson flat out admitted that everything was premeditated.  I did alot of research and the people who were taken all were misrepresented.  How do you want us to be?  Whenever we do business  tell them you are flat out lying.  Prove to us you are not misrepresenting us. If this is how it is, no one will do anything. Then I would have to have an attitude that YOU are writing this way for the benefit of rogue franchising.  If I went around with this attitude I would be completely full of fear, and fear cripples people.  There needs to be regulations.  If there is ANY misrepresentations the contract is null and void.  The franchise fee has to be paid back, and the zee needs to be made whole again.  No one should have the liberty to misrepresent ANYONE in business.

How old is BMM?  Fleecing in franchising has been going on for decades.  Isn't it time that this stops?  Look what's going on in our country?  People are getting pissed off.  Some believe the middle class has already vanished.  There is only the rich and the poor.  If ethics is not brought back into all sectors of business, there will be no one to buy products or franchises.  Look at the picketing on Wall Street.  I believe things are heating up in our country.  I believe the hard working people of our country are getting angry.  Are you aware of everything going on, Fuwa?  All across the board people are being stung.  It is called, "Corporate Greed!"     

on October 3rd, 2011

Spoken like a true socialist.

BRAVO! I believe that I too shouldn't have any personal responsibility and risk assesment duties. When I buy a franchise it needs to have a warranty! I think the government should enact franchise business warranties and Guarantees. Count me in!

Franchise Socialists.
P.S. If someone loans me money, and I lied on my business plan, I want that to be covered too.

Posted by Guest on October 3rd, 2011

Someone call Warren Buffett

What a great idea..he specializes in super catastrophe insurance. Imagine a franchise insurance policy to protect the retarded that invest in crap franchises!

About to lose your shirt? have no fear....franchise super cat insurance is here!

Posted by Guest on October 3rd, 2011

Insurance Premiums

Actually, the insurance premiums would probably be a better indicator for confidence than most that are promoted by the franchising industry.

What would it cost to insure a Quiznos franchise offering as opposed to a McDonalds?

Posted by Ray Borradale on October 3rd, 2011

Policy Underwriting

You're absolutely right. It would be a huge tool to weed out crappy franchises. Offering buyer protection can resolve many issues. Franchisors would get protection from poor operators by participating in the premium. However, there would need be a mechanism to protect against franchisor induced mortality.

Posted by Guest on October 3rd, 2011

You know what is bad that

You know what is bad that when a Patel is in this office and he does not help us. He work in the Tim Shuey department and we ask him for help on fees or help with the pip and all he say it all the time that we cant do that. Patel how can you work for the company who treats us like this. You also treat us like this and do nothing to help us. We should be talking to him to educate him and ask him to help us. Maybe if you get the power you can help, does anyone else have it the problems like i do?

Posted by Patel on October 3rd, 2011

You are not alone. Hermant

You are not alone. Hermant Patel seem like a nice guy, but dont have the power to help anyone. I have asked for the reduction in fees and he is never able to give me. He does not want to help us but i do not know if that is him or his boss. Has anyone talked to him and help him understand he should be nice and help us all he can? He is always on the Choice side. Maybe they hire him because he is patel and it makes them look better when patel is saying no to the other indians.

Posted by pankaj desai on October 3rd, 2011

You know, it's like Michael

You know, it's like Michael Jackson kills himself with an overdose of drugs. And the police arrest his personal doctor and put him on trial. If we don't watch it, our country will become like Canada. People want the government to enact warranties and guarantees on drugs that they agree to take. Ridiculous.

Posted by Guest on October 5th, 2011

I think Fuwa is a closet

I think Fuwa is a closet socialist.

Posted by Guest on October 5th, 2011

Yep, why lick myself when I

Yep, why lick myself when I can get someone else to do it.    Socialism rules.  I just lay back and the Government makes ya'll lick my furry privates for me. 

on October 5th, 2011

Stop licking yourself

Fuwa, stop with the politics and broad ideological brush strokes. Go find a political site. Business is about pragmatism. Your one-note song has made you the new Carol Cross. Remember her? She used to comment everywhere about the evils of SBA loans.

It's like we want to watch the ball game and Fuwa blocks the television to comment on how the Hail Mary pass that is happening in back of him of Drew Brees to Terrance Cooper is like Democrats in Congress. Enough already! Let's talk business.

Posted by Guest on October 7th, 2011

Bravo! Spoken like a true SOCIALIST!

Shouldn't you be protesting on Wall Street?

Posted by Guest on October 7th, 2011

Encore! If I'm socialist then you're a commie

Shouldn't you be in Cuba?

Posted by Guest on October 7th, 2011

Cuba not really communist

Fidel Castro is not a communist in the Marx/Engel sense.

Communism is european. Fidel Castro is best described as a caudillo.

on October 7th, 2011

Fuwa, stop with the politics

Fuwa, stop with the politics and broad ideological brush strokes. Go find a political site. Business is about pragmatism. Your one-note song has made you the new Carol Cross. Remember her? She used to comment everywhere about the evils of SBA loans.

IMO this is actually a valid point; I shall heed the advice.  Thanks – take care.

on October 7th, 2011

All across the board people

All across the board people are being stung.  It is called, "Corporate Greed!"     

Were you a corporation Barbara?   After all it was your own greed that lead to your own personal financial apocalypse.   

on October 4th, 2011

Fuwa your energetic pursuit

Fuwa your energetic pursuit of bit players may be a manifestation of a leftover injured childhood psyche when the smelly poor were allowed to sit at the front of the bus.

Posted by Guest. on October 4th, 2011

What are you talking about?

We didn't go around ripping people off.  I don't believe our greed lead us to our own personal financial apocalypse.  What a low blow.  Are you greedy for being a business man?  Don't you have several things going on?  If you don't do anything you won't get anywhere.  It is the misrepresentations, gouging and unethical business practices that led us to our destruction. I don't believe ANYONE should have the privilage of misrepresentation and puffery to lure someone to sign any contract. 

If you do not see big corporations stinging the hard working people of our country, than who is living a life of illusion?   

on October 4th, 2011

I don't believe our greed

I don't believe our greed lead us to our own personal financial apocalypse.

I know you don't and that is why to this day you don't truly grasp why the con worked. 

 

on October 4th, 2011

We didn't go around ripping

We didn't go around ripping people off.

Really?  Truly? 

1) You intended to by your own admission.

2) You "didn't go around ripping people off"?   Well I wonder what a poll of the people you sold real estate to before the crash would reveal.  Do you really think they are telling people oh our real estate agent Barbara is a good egged and has nothing to do with the fact we lost our house, or are underwater or whatever the case may be.  The most likely reality is they are in some real estate forum somewhere whining about the rogue real estate agent named Barbara who told them the house would be a good investment and helped arrange some financing from a preferred lender.  You may deny that, but once again I bet if we reviewed you client list we would find you have been vilified and are a rogue real estate agent who conspired with a rogue lender and destroyed their life because of your greed.

If you do not see big corporations stinging the hard working people of our country

I also see rogue real estate agents who preyed on gullible, hard working, innocent people with families just so they could collect a commission check.  And you know what, each one of these folks probably had a lawyer at closing.  The lawyers were part of the conspiracy too.

on October 5th, 2011

You are way off.

You are really reaching, aren't you?  I believe in ethics in business. 

on October 5th, 2011

You also are so stupid you

You also are so stupid you probably believe in the easter bunny, santa clause, and the tooth fairy.

Posted by Guest on October 5th, 2011

On second thoughts

maybe you could back off on the medications Fuwa. Although 10 out of 10 for creativity ...

Posted by Ray Borradale on October 5th, 2011

Actually Ray if you knew the

Actually Ray if you knew the real story there you would be appalled at the line of BS you have been fed and are apparently swallowing. 

on October 5th, 2011

Look. Spare us your sermons

Look. Spare us your sermons on how you smell b.s. better than the rest of us. You're like the kindergartner that thinks he is the king of the school.

Posted by Guest on October 5th, 2011

FUWA knows more about American principles

and the free enterprise system that you will ever know.

Posted by Guest on October 5th, 2011

Re: Fuwa and American principles

"Fuwa knows more..... than you..."

What are you, a four-year old?

Posted by Guest on October 5th, 2011

No, I just don't like

socialists demanding the federal government fix their problems.

Posted by Guest on October 5th, 2011

You got that right! The federal government should only fix the

really big money problems of banks and automobile companies. Socialists are intended to suffer.

Posted by RichardSolomon on October 5th, 2011

two wrongs don't make a right

I am not for bank or auto bailouts neither.

Posted by Guest on October 5th, 2011

Many wrongs often offset and do indeed make things right.

Slogans answer nothing.

Unfortunately morons rarely get beyond slogan level insight.

The next set of leaders of this country will be selected by just such people. I think that explains why we are seeing such stupidity feed to us as quaint sound bites. Calling people names instead of dealing with realities is one. Refusing to consider compromise because of absolutist agendas by groups of morons you want to think you are really great is another.

And of course, the natural response to the morons of the right is the new Herbal Tea Party morons of the left.

I'm not runing away to Canada, but I really would like to see these extremists of both sides taken to a shed somewhere and "chastised" a bit.

Posted by RichardSolomon on October 5th, 2011

The reality is that there are many socialists out there

who can not take an ounce of responsibility for their stupidity and want the feds to create rules aroujd their recklessness and stupidity. That is not calling people names, Richard. That is REALITY. Richard, I guess you can take the man out of Michigan but you can not take the Michigan out of the man. You some union attorney?

Posted by Guest on October 5th, 2011

Lawyers are part of every conspiracy worth having. Why belabor

the obvious?

Posted by RichardSolomon on October 5th, 2011

Barbara think first

"If you don't do anything you won't get anywhere. " I have had to work hard to put my life back together. So I hope that I'm going somewhere.

" If you do not see big corporations stinging the hard working people of our country, than who is living a life of illusion? "

What has big corporations have to do with stinging people? I don't get it. When I was fleeced, it never crossed my mind to apply for a JOB at my nearest Public Housing Project. Do some research. Our Country is being slaughtered by Entitlements. I hope you take this post serious. Right now Obama's admin. has filed law suits against our 5 biggest banks. Think about what's wrong with this picture. Fanny and Freddy not only got us into this mess, but if these 5 Banks go under, who has control of the Banking System? FANNY AND FREDDIE!

What about Obama Care? Who now, will determine whether or not your grand children will get a School Loan? Government now controls that. It was one of those surprise's that Pelosi talked about, "You will have to pass the Bill to see what's in it." What does education have to do with Health Care? Did it cross your mind that having the Government Control what our children will study in College, is to say the least, terrifying.

Thomas Jefferson expressed his concern about what is taking place before our very eye's, that concern was the Government taking control of the Banking Industry. It is was his concern that losing control of the Banks to the Government would be the beginning of the end of Freedom and Liberty, as we used to know it. The revolutionary war was declared for the reasons you seem to be in favor of. I'm not being harsh, just concerned that my vote for the next President will be voided by your vote for Obama. Be careful what you vote for, your voice may not be as free in the next 4 years of his reign, as it is now.

WAKE UP

Posted by Guest on October 5th, 2011

Liberty

Guest. You don't get it. Government controls everything. So stop your socialist moaning and complaining and go out and vote for Ron Paul for president. I'm just worried that your vote for socialist Romney or Perry will negate my vote for a true small business advocate, Ron Paul. Listen to Richard Solomon and the disguised cat. Vote against socialism and for freedom in Ron Paul, who will get out of the way of business.

Posted by Guest on October 5th, 2011

Re: Liberty

Guest: " Government Control what our children will study in College, is to say the least, terrifying."

Home schooling for all. Catholic school is where it is at! Get the government out of learning.

Posted by Guest on October 5th, 2011

Re: Liberty

*I want to eliminate federal government, like Yemen
*I want an unregulated banking environment, like Iceland
*I want a country in which the government is in control of business and not the other way around, like North Korea
*I want a place that has low labor and lax environmental laws so business can thrive, like Bhopal, India
*I want a populace free of government brainwashing and education, like Afghanistan
*I want a market free of the shackling pull of welfare, like Burundi

What did the welfare states of Denmark, Sweden, Luxenbourg, Germany or China ever get for their social efforts? We will have none of that here. We long for the day that we get the "mixed" out of our mixed economy so that we can have individual freedom and liberty.

NOT!

Posted by Zack the Zor on October 5th, 2011

Funny

Zack the Zor is funny.  Reminds me of the Monty Python skit in the Life of Brian.

"What did the Romans ever do for us?"

Posted by michael webster on October 5th, 2011

Ron Paul

You don't know who I'm voting for. Don't make an ass out of yourself, you sound like Barbara

Posted by Guest on October 5th, 2011

Re: Ron Paul

Come on. Let's not be coy. It's obvious to all that you want to vote for Romney. Step back from the dark side and vote for liberty. A vote for Romney would be the same as a vote for Obama.

Stop bullying Barbara about who she should vote for and get your own house in order.

Posted by Guest on October 5th, 2011

I don't believe in the entitlement theory.

I don't understand any of your statements.  My comments have been strictly, "No one should have the liberty to be able to lie, steal or use pufferey into getting someone to sign on the dotted line."  Who said I was going to vote for Obama?  I never said that.   

I do believe that the loan companies are responsible for many people loosing their homes.  The loan companies told many in the the real estate industry they were good loans.  I told my clients to refinace in two years or less, to a fixed loan.  I had already done that with one of my rentals. 

By the way Fuwa admitted to me he sits on the board of directors of a loan company.  He put his own money into this company. He doesn't believe in liar loans.  He backs up no conspiracy in banks or loan companies because he is part of all of this.  In his own words, "Let the foreclosures come."  Now I understand Fuwa.  We all do. 

I stand for ethics in business.  Anyone who doesn't believe this, is not reading my writing, and they think good business is really bad business.  While all along it is bad business, just screwing the hard working people of our country.  

on October 5th, 2011

Barbara

You commented on what is taking place on Wall Street. Are you employed?

Have you listened to what any of these nut cases are saying? Get a Grip

Posted by Guest on October 5th, 2011

Signing on the Dotted Line

"No one should have the liberty to be able to lie, steal or use pufferey into getting someone to sign on the dotted line."

If you truly believe that you lied to and that theft was involved, in the sale of your 123 Fit, then gather your facts.

After that, file a suit to have the Law applied to those you claim were broken.

Justice? Well Lady Justice is Blind, there is a hugh difference between what one see's as Justice and applying the Law

Posted by Guest on October 5th, 2011

Barbara

"I don't measure a man's success by how high he climbs but how high he bounces when he hits bottom."

Posted by Guest on October 5th, 2011