BBC Lawyers

Franchise Purchase Checklist

Before signing a franchise agreement you will need professional advice. Make sure you check:

  • the franchisor's financial position;
  • whether the franchise is expert in the business or whether its main business is selling franchises;
  • the company records of directors' interests etc;
  • whether the franchisors are approachable and will continue to be so after you sign the agreement, and whether you will be happy to be in a long term relationship;
  • whether established franchisees are happy with their franchise and the activities of the franchisor;
  • the strength of the major competition in the market;
  • whether the market is already saturated (look at the recent history of the oversupply of service stations for an example of this);
  • who has the legal responsibility for problems with the product;
  • what the total investment will be, and whether there are hidden costs;
  • whether some items (like equipment) and the product itself must be purchased from the franchisor;
  • the exact nature of any royalty rate that must be paid to the franchisor, and exactly how it is calculated;
  • whether projected profits and costs are validated by independent means;
  • the franchise agreement thoroughly, preferably with a legal expert, and the rights of the franchisor to end the agreement;
  • whether you are sharing regions with other franchisees, the distance between them, and any guarantee you have against the franchisor if they sell another franchise in your territory;
  • whether any market survey used to identify a new territory is compiled by a reputable organisation.
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