In this section of our website, our Staten Island attorneys post blogs on a variety of topics including car accidents, social security disability, workers’ compensation, franchise transactions, business litigation and real estate matters such as refinancing or purchasing a home. Our Staten Island attorneys represent clients throughout New York and New Jersey.
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In this section of our website, our Staten Island attorneys post blogs on a variety of topics including car accidents, social security disability, workers’ compensation, franchise transactions, business litigation and real estate matters such as refinancing or purchasing a home. Our Staten Island attorneys represent clients throughout New York and New Jersey.

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5/4/2010
Vicky Gracia
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Restaurant Franchise in New York: Fast Food Pasta Coming to Manhattan, Long Island and New Jersey

According to a recent article in the Wall Street Journal's small business and franchise section two fast food pasta restaurant franchises will be coming to New York within the next couple of months.

The first pasta franchise that will be coming to New York is Hello Pasta, a new franchise that was founded by Restauranteur Laurent Lesort and his brother Frederick.  The Hello Pasta franchise is a start up franchise that will be located on Lexington Avenue between 54th and 55th Streets.

The second past franchise, which should open sometime in June just 13 blocks from Hello Pasta, is an existing franchise that was in France up until now called Nooi. This franchise is an existing franchise looking to expand in North America and will be located at 370 Lexington Avenue in Manhattan.

Both restaurants will serve a variety of pastas with a variety of specialty and traditional sauces all serves within minutes.

Hello Pasta will be looking to also open up franchise locations in Long Island and New Jersey according to the report in the Wall Street Journal.

Category: Franchise Law

3/17/2010
Vicky Gracia
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Personal Service Franchises Are Gaining More Popularity and Are Expected to Grow Faster Than Other Types of Franchises

Personal service franchises are expected to rise by double the amount that other franchise systems are being projected to rise in 2010. Personal service franchises such as child care development or elderly care franchises are needed regardless of how the economy is doing and regardless of how much extra spending money people have because these services are seen as more of a necessity rather than a luxury. If you are considering franchising your personal service business or if you are purchasing a franchise that offers personal service and would like us to represent you contact Charles Internicola New York franchise lawyer at 800.976.4904.

Category: Franchise Law

3/12/2010
Vicky Gracia
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Home Based Franchises Becoming More Popular Because of Economy

Home based franchises have recently become more popular due to the fact that many people have lost their jobs or are looking for a way to succeed in the down economy. 

Home based franchises are similar to most other franchises in the sense that there is someone that has went before you and tested the franchise system you are becoming a part of so they have taken the guess work out of starting your at home business. 

The start up cost for a home based franchise is usually less expensive than that of a regular franchise where you have to buy supplies, a building and much more.

The most common franchises that are run from out of the home include business, financial, maintainance, health care, personal care, child care and senior care services.

Category: Franchise Law

3/11/2010
Vicky Gracia
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Developing a Franchise System that Will Survive Despite a Down Economy

Developing a franchise system that will survive despite a down economy.

Category: Franchise Law

3/8/2010
Vicky Gracia
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Franchising in the New Economy: Quiznos Expands to Convenience Stores and Gas Stations

In an effort to adapt to the new post-recession economy Quiznos has decided to open up small locations inside of convenience stores and gas stations. 

According to studies done by the NPD Group it showed that since 2007 restaurant sales have been slowing down and then last year they restaurant sales dropped by 3% whereas convenience store sales have rose every year steadily by 1%.  The reason that many annalists believe this has occurred is because the recession has caused many people who would normally treat themselves to a meal out every once in a while are not able to afford such luxuries anymore and have steadily been avoiding going to restaurants.

Quiznos has decided to begin placing small Quiznos franchise locations inside of convenience stores and gas stations in order to increase their profit and to make an attempt to regain some of the 3% of food sales that have dropped since last year. 

Quiznos plans to open 700 additional small in-store locations by 2012 in addition to the 125 locations that already exist. 

Companies such as Quiznos and many other food based franchises have decided to go about expanding their franchises and growing their sales numbers by bringing the food to the people who may not be likely to go to their food store. 

Adapting to the new economy is something that is necessary after a recession and unless it is done it will be hard for you as a franchisor to keep up with your competitors edge which will be making yourself more available to the consumer.

Category: Franchise Law

3/2/2010
Vicky Gracia
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Franchise Trends: Franchise Sales Still Rising, What You Need to Know About Buying a Franchise

For some right now is the perfect time to purchase a franchise.  Franchise sales have become more and more popular especially with a few factors that have occured in the recent years:
  • Many no longer trust working for or being a partner of a big corporation
  • Workers who have been laid off are looking to use their skills and ideas in a different type of environment like that of a franchise
  • Many who used to be employed by larger corporations or have spent time investing their money into some type of financial fund may have money saved up and can use the money as an investment to purchase a franchise
  • Finding out information about franchise opportunities from the franchisor's website has grown rapidly in the past few years to adapt to the wide use of the internet. 
If you are interested in buying a franchise and think that now may be the right time to purchase a franchise you should look into the following things:
  • Do you have the funds to purchase a franchise? Finding out if you have the funds to purchase a franchise and do it right is an important aspect of buying a franchise.  If you are going to buy a franchise you want to make sure that you not only have enough money for the purchase of the franchise itself but to speak with an accountant and to hire an experienced franchise lawyer.  Both of these professionals will be worth the fees that they charge to assist you in purchasing your franchise and can possibly  save you a lot of money in the future. 
  • Did you do your research? Make sure you do your research on the franchise that you are considering becoming a part of.  By do your research I mean speak with different franchisees that are also a part of the franchise you are looking at.  Make sure you speak with those who have just recently joined the franchise and those who have been with the franchise long enough to renew their franchise agreement.  Make sure you conduct as much due diligence as possible.
Once you have established your answer to these two questions you will want to contact a franchise lawyer and an accountant to further assist you in your franchise purchase to make sure you are getting the best deal possible and to review your franchise terms and agreement.  You will be glad that you did your research and hired the proper professionals to assist you with your franchise purchase.





Category: Franchise Law

2/24/2010
Vicky Gracia
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Franchising: How to Sell Your Business Concept

Considering franchising your business is a process that must be carefully considered when determining if your business could have the same success elsewhere and not being run directly by you but there are also different types of ways to franchise - will you be setting up franchisees by selling them the rights to the license and having them abide by your business plan or will you just be selling them the license? These are all things that you must consider when thinking about franchising your business.

Category: Franchise Law

2/12/2010
Vicky Gracia
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Restaurant Franchises Looking to Expand Despite Down Economy

Those considering whether now is a good time to buy a restaurant franchise or not because of the down economy may be able to find their answer by looking at the current trend that is occuring across the rest of America (and of course by looking at their own situation).

A recent study has shown that the down economy is not making a negative difference for most restaurant franchises.  They are actually finding that most restaurant franchises have expanded over the last couple of years and continue to do so.  In fact, the National Restaurant Association predicts that restaurant franchises will increase by at least 10% over the next 10 years if franchisees continue purchasing restaurant franchises at the rate they are purchasing over the last couple of years.

According to the study the most growth they have been among the "fast casual" food franchises which consist of restaurants that offer a larger variety than that of a fast food restaurant but are still an inexpensive food choice for people who may have less to spend nowadays. 

If you are like many other people in America looking to fulfill a dream you have of owning a restaurant franchise and are looking for tips for buying a franchise read Charles Internicola New York franchise lawyer's blog for insightful and useful information.  If you would like to speak with a franchise attorney immediately call 800.976.4904 or email us.


Category: Franchise Law

2/3/2010
Vicky Gracia
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Franchise Trend: Women Entrepreneurs becoming More Popular in the Franchise Community

Women franchisor's are becoming an ever growing trend in the franchise community. They are dominating in franchises such as child care, daycare, dating, diet and fitness franchises but are also increasingly growing in other franchises as well. Whether you are a man or a woman looking to start up a franchise you should always have a franchise attorney involved in the setup process of your franchise. Speaking to a franchise lawyer like Charles Internicola a New York franchise lawyer will help you tremendously. To speak with Charles call 800.976.4904. We represent clients throughout the state of New York, New Jersey and nationwide.

Category: Franchise Law

1/19/2010
Vicky Gracia
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Questions to Ask When Searching for a Franchise: Helping New York Franchisees Purchase a Franchise that Is Set for Success

Finding a franchise to purchase in New York may seem like a difficult process considering there are so many franchises available throughout New York - especially in Staten Island, Brooklyn, Manhattan, Queens, the Bronx and Long Island City. Knowing what to keep in mind when searching for a franchise to purchase is key to obtaining the success you are looking for from your franchise purchase. 718-979-4300

Category: Franchise Law

12/15/2009
Vicky Gracia
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Finding a Good Franchisor in a Recession is Key to your Franchise Purchase

Finding a helpful and supportive franchisor requires much due diligence and is very important but it is even more important recently with today's economy. 

According to a recent article by CNBC the franchises that seem to be having the most growth this year and seem to be doing their best in sales are the franchises who are run by franchisors who are willing to help potential franchisees find new sources of capital.   

In a recession or an economic slump franchises and self-owned businesses usually sky rocket due to layoffs but recently the number of people venturing out to purchase a franchise have dwindled.  On the other hand while certain franchises have dwindled in their franchise sales there are many such as Subway and quite a few other sandwhich chains have ranked among the most sucessfull and fastest growing restaurant franchises this year.  Many believe this is due to the support of the franchisor helping the potential franchisee find ways to fund their purchase.  In most cases those who have been laid off from their job and would like to purchase a franchise lack one major thing needed in buying a franchise - that is the funds to purchase it.  By helping the potential franchisee eliminate the concern of where the money to purchase the franchise is coming from will often sway the potential franchisee to purchase the franchise they were looking into making it not just a thought of purchasing a franchise but causing it to become reality. 

If you are interested in purchasing a franchise and would like to know more about the process of purchasing a franchise and would like answers to common issues and concerns that you may be facing when purchasing a franchise visit our franchise blog


Category: Franchise Law

12/8/2009
Vicky Gracia
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Selecting a Franchise: Making Sure You Choose the Right Franchise

The decision to purchase a franchise is a big decision but even larger of a step than deciding to purchase a franchise is deciding what franchise you want to purchase.  Much thought and consideration must go into deciding which franchise system you are going to invest your money and your time into.  It is a decision that must be looked at closely from all angles and aspects and requires much research and investigation on your part. 

Here are just some of the things you need to consider when selecting a franchise:
  • Demand - Is the franchise you are considering buying selling products that are in high demand and will continue to be in high demand?
  • Franchisor Experience - Does the franchisor of the company have experience and offer proper support to its franchisees?
  • Competition -  Is there any competing business in the same area you are considering purchasing in?
  • Franchise Territory - Does the franchisor allow other franchisees from the franchise to be within a certain amount of miles from the franchise you purchase or do they not have an agreement set up?
  • Name Recognition - Is the franchise name well known and does the name associate with a good reputation that will result in your profits increasing?
  • Costs - What are the costs associated with the start up of the franchise you are considering? What are the royalty fees that must be paid to the franchisor after you have purchased the franchise? How much are you willing to spend?
  • History - Does the franchise have a history of bancruptcy, litigation or terminations? What is the franchise's financial history?
  • Current Franchisees - What are current franchisees saying about the franchise system? Are they happy with the system or do they feel as if it is unfair and needs improvement?
  • Experience, Skills and Knowledge - Do you have the experience, skills and knowledge necessary to run the franchise you are considering purchasing?
All of these questions and more are valid questions to consider when searching for a franchise and deciding which franchise is right for you.  Using all resources available to you when conducting due diligence for your franchise purchase will allow you to make an educated and well thought out decision when purchasing a franchise.  Having a lawyer review the Franchise Disclosure Document (FDD) will answer a lot of these questions after you have conducted your own initial due diligence by speaking with other franchisees and with the franchisor.  The FDD will contain information regarding the history of the franchise and will reveal any information regarding the financial history of the franchise and legal history of the franchise.

When choosing you will want to speak with an experienced franchise lawyer.  If you are considering purchasing a franchise in New York or New Jersey and would like speak with a New York franchise attorney contact Charles Internicola at 718.979.4300.  Charles Internicola is a franchise attorney who represents franchisors and franchisees in New York and New Jersey but also represents clients nationwide.  If you would like to speak with Charles Internicola and live outside of New York you can call toll free at 800.976.4904. 

Category: Franchise Law

12/8/2009
Vicky Gracia
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Selecting a Franchise: Making Sure You Choose the Right Franchise

The decision to purchase a franchise is a big decision but even larger of a step than deciding to purchase a franchise is deciding what franchise you want to purchase.  Much thought and consideration must go into deciding which franchise system you are going to invest your money and your time into.  It is a decision that must be looked at closely from all angles and aspects and requires much research and investigation on your part. 

Here are just some of the things you need to consider when selecting a franchise:
  • Demand - Is the franchise you are considering buying selling products that are in high demand and will continue to be in high demand?
  • Franchisor Experience - Does the franchisor of the company have experience and offer proper support to its franchisees?
  • Competition -  Is there any competing business in the same area you are considering purchasing in?
  • Franchise Territory - Does the franchisor allow other franchisees from the franchise to be within a certain amount of miles from the franchise you purchase or do they not have an agreement set up?
  • Name Recognition - Is the franchise name well known and does the name associate with a good reputation that will result in your profits increasing?
  • Costs - What are the costs associated with the start up of the franchise you are considering? What are the royalty fees that must be paid to the franchisor after you have purchased the franchise? How much are you willing to spend?
  • History - Does the franchise have a history of bancruptcy, litigation or terminations? What is the franchise's financial history?
  • Current Franchisees - What are current franchisees saying about the franchise system? Are they happy with the system or do they feel as if it is unfair and needs improvement?
  • Experience, Skills and Knowledge - Do you have the experience, skills and knowledge necessary to run the franchise you are considering purchasing?
All of these questions and more are valid questions to consider when searching for a franchise and deciding which franchise is right for you.  Using all resources available to you when conducting due diligence for your franchise purchase will allow you to make an educated and well thought out decision when purchasing a franchise.  Having a lawyer review the Franchise Disclosure Document (FDD) will answer a lot of these questions after you have conducted your own initial due diligence by speaking with other franchisees and with the franchisor.  The FDD will contain information regarding the history of the franchise and will reveal any information regarding the financial history of the franchise and legal history of the franchise.

When choosing you will want to speak with an experienced franchise lawyer.  If you are considering purchasing a franchise in New York or New Jersey and would like speak with a New York franchise attorney contact Charles Internicola at 718.979.4300.  Charles Internicola is a franchise attorney who represents franchisors and franchisees in New York and New Jersey but also represents clients nationwide.  If you would like to speak with Charles Internicola and live outside of New York you can call toll free at 800.976.4904. 

Category: Franchise Law

12/3/2009
Vicky Gracia
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Negotiating Franchise Agreements When Considering Purchasing a Hotel Franchise

When considering the purchase of a franchise one of the most important things you will want to consider is what the franchise agreement will contain.  You will want to figure out all of your terms that are important to you.  One quick way to determine what is "important" to negotiate over with the franchisor is figuring out what is a want and what is a need for your company. 

One type of franchise that particularly needs reviewing when it comes to the franchise agreement is for those considering to purchase a hotel franchise.  As a prospective hotel franchisee you will want to make sure that the terms you need are included in the franchise agreement.  If there is a term that you need in the contract (not just want) you may actually consider looking elsewhere if it is that essential to your franchise location thriving. 

Hotel franchise agreements should be reviewed very carefully with the assistance of a franchise attorney.  A franchise attorney will be able to help you fully understand the franchise agreements terms and also make sure that your best interests are protected.  This is very important when considering the purchase of a hotel because hotel buildings are so expensive and so is the services and products that need to be offered to run a hotel. 

According to a recent article in Hotels Magazine many more hotel owners and those considering purchasing a hotel are deciding to become a part of a larger, well known hotel name and joining up with a well establisthed franchise hotel. 

Here are some of the initial steps that will occur that lead up to your franchise agreement for the hotel purchase:
  • First you will want to find a hotel franchise that suits your needs as a prospective franchisee
  • Conduct the proper due diligence
  • Determine what you need vs. what you want
  • Review of the Franchise Disclosure Documents (FDD).  During this stage of the process is it important to have spoken and actively have the assistance of a franchise lawyer.
  • Enter into a Letter of Intent sheet with the franchisor.  This will help the franchisor understand what key business points are important to you and will allow you to know if the expectations can be met.  This is not legally binding.
  • Signing the franchise agreement.  At this point you will have figured out what terms you are looking.  This agreement is a binding agreement with the franchisor of the hotel company. 
For more useful information and tips for franchisees visit franchise lawyer Charles Internicola's blog.

Category: Franchise Law

12/3/2009
Vicky Gracia
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Negotiating Franchise Agreements When Considering Purchasing a Hotel Franchise

When considering the purchase of a franchise one of the most important things you will want to consider is what the franchise agreement will contain.  You will want to figure out all of your terms that are important to you.  One quick way to determine what is "important" to negotiate over with the franchisor is figuring out what is a want and what is a need for your company. 

One type of franchise that particularly needs reviewing when it comes to the franchise agreement is for those considering to purchase a hotel franchise.  As a prospective hotel franchisee you will want to make sure that the terms you need are included in the franchise agreement.  If there is a term that you need in the contract (not just want) you may actually consider looking elsewhere if it is that essential to your franchise location thriving. 

Hotel franchise agreements should be reviewed very carefully with the assistance of a franchise attorney.  A franchise attorney will be able to help you fully understand the franchise agreements terms and also make sure that your best interests are protected.  This is very important when considering the purchase of a hotel because hotel buildings are so expensive and so is the services and products that need to be offered to run a hotel. 

According to a recent article in Hotels Magazine many more hotel owners and those considering purchasing a hotel are deciding to become a part of a larger, well known hotel name and joining up with a well establisthed franchise hotel. 

Here are some of the initial steps that will occur that lead up to your franchise agreement for the hotel purchase:
  • First you will want to find a hotel franchise that suits your needs as a prospective franchisee
  • Conduct the proper due diligence
  • Determine what you need vs. what you want
  • Review of the Franchise Disclosure Documents (FDD).  During this stage of the process is it important to have spoken and actively have the assistance of a franchise lawyer.
  • Enter into a Letter of Intent sheet with the franchisor.  This will help the franchisor understand what key business points are important to you and will allow you to know if the expectations can be met.  This is not legally binding.
  • Signing the franchise agreement.  At this point you will have figured out what terms you are looking.  This agreement is a binding agreement with the franchisor of the hotel company. 
For more useful information and tips for franchisees visit franchise lawyer Charles Internicola's blog.

Category: Franchise Law

11/25/2009
Vicky Gracia
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Is Franchising Your Business a Good Move?

If you are considering franchising your business you probably feel like there is a lot for you to consider before you make the final decision to convert your business to a franchise.  You may have questions in your mind such as "how do I know my franchised business will be sucessful?".  While this is a good question it can never be answered 100% but there are things you can look for about the franchise you are considering creating that will help you decide if it will probably be a good idea for your business to be franchised or not. 

Franchising a business requires a well though out process and is not something that just gets done overnight.  You as the franchisor to be will need to pour a lot of though into how the franchise system will be run and how you plan on making it sucessful. 

You must always weight out the positives and the negatives when deciding to franchise a business.  Here are somethings you should consider:
  • Is your franchised business likely to be fair to it's franchisees?  Will the franchise be able to work is basically what this question is asking.  Certain franchise systems that have a potential for not being sucessful or not being fair to their franchisees and may require extra thought on the part of the business owner considering franchising.  An example of this would be a internet based franchise.  You would have to figure out if and how there is a way for franchisees not to constantly be competing against each other.  If not this would not only be unfair to the franchisee but would probably put a damper on the expansion of your franchise company.
  • Can your franchise be easily taught and run by others?  A business that can easily be taught to franchisees and has a well laid out plan is a franchise that will probably have the most sucess at expanding.  A system that can not be taught easily to franchisees would limit the number of franchisees that your company attracts and would give franchisees a difficult time trying to figure out how things need to be done.
  • Can your business be duplicated, put in another area and still be sucessful? You must carefully consider what it is that makes your business so sucessful and what brings in so much business.  If you believe that it is the product your business offers and that it can be put in another area tens or hundreds of miles away and still be sucessful by duplicating the same system and product that you are offering your business should be a good franchising business. 
Considering these questions should just be preliminary questions that you ask yourself before diving into the process of actually franchising your business.  To speak with a franchise lawyer about franchising you business you can contact Charles N. Internicola New York franchise attorney at 718.979.4300 or 800.976.4904.  For more information on franchising your business and franchise questions visit Charles Internicola's blog the New York Franchise Law Blog.

Category: Franchise Law

11/20/2009
Vicky Gracia
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Things to Consider When Buying a Computer Franchise

Buying a computer franchise can be a very successful experience as long as you follow the proper steps of conducting due diligence when purchasing the franchise. There are some points you may want to consider when figuring out if a computer franchise is the right franchise for you. When you are ready to move forward with purchasing the computer franchise you should seek the legal advice of a professional and experienced franchise attorney. Charles N. Internicola is located in Staten Island, New York but serves franchisees and franchisors nationwide. To speak with a franchise lawyer call 718.979.4300 or 800.976.4904.

Category: Franchise Law

11/13/2009
Vicky Gracia
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Restaurant Franchisee Rights and Legal Issues: Negative Profits In a Down Economy Caused by Sales Initiated by Franchisors

A lawsuit by Florida Burger King franchisees was filed on Tuesday against the fast food chain franchise. 

The fast food franchisees in Florida filed the lawsuit because of the demand, which they believe is unreasonable, being placed on them by  the franchisors to sell food at a sales price that is lower than what they claim it is to make the product that they are selling. 

The Burger King franchisees are claiming that they are being asked to sell double cheeseburgers for $1.00 but that the cost to make the burger is costing them $1.10 therefore they are saying that they are losing ten cents everytime someone purchases the double cheeseburger of off the value menu. 

Franchisees in a down economy are deciding that something needs to be done about the loss in profits due to a sale that is being impossed on them by the franchisor. 

Franchisors responded to questions asked by Fox Business reporters by saying that the promotion was designed to draw in customers to the fast food franchise company in a down economy - something that they say has been lacking recently because families do not want to spend money on eating out with the economy the way it is. 

Franchisees do not want to suffer losses slowly each time a double cheeseburger is purchased and want to make sure that they are able to continue to be profitable in a down economy by not just driving customers to their business but by making profit off of those customers.

Category: Franchise Law

11/12/2009
Vicky Gracia
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Litigating Against a Gas Station Franchisor: When a Franchisor Doesn't Hold Up to their End of the Agreement

When you decide to become a franchisee of any franchise there are tems and agreements that must be reached between the franchisor and the franchisee of any franchise system.  Franchise legal documents such as the franchise agreement and the franchise disclosure documents that are reviewed and signed when someone is purchasing a franchise are put in place to protect the interest of both the franchisor and the franchisee.  So what happens when one of the parties doesn't hold up to their end of the bargain?  What happens if a franchisor decides to go against what was agreed on with the franchisee or vice versa?

When franchisees review the franchise agreement they are about to sign they must do so carefully and conduct proper due diligence before signing any franchise agreement and with the assistance of a franchise lawyer to make sure their best interest is being looked after.  But sometimes eventhough you may sign a franchise agreement that is in your best interest there are certain situations that can not be foreseen. 

In the recent case in New Jersey where BP gas station franchisors are being sued by the gas station franchisees the franchisees of BP gas station in northern New Jersey were offered an extension of the terms of agreement for their contracts and were then told before the contract was even near being up that they needed to sell their buildings back to the franchisor.  This has resulted in a lawsuit against the franchisors of the franchise gas station that will now be decided by the courts.  The franchisees are worried that even if the court interveens and they do not have to sell their locations the franchisors may still charge them additional costs and drive prices and costs up resulting in them no longer having the funds to operate their individual gas station locations in New Jersey.

If you are a franchisee and feel as if your contract or franchise agreement rights have been violated or disregarded you and you want to speak with a franchise lawyer regarding your rights as a franchisee contact New York franchise lawyer Charles N. Internicola at 800.976.4904 or 718.979.4300.

Category: Franchise Law

11/12/2009
Vicky Gracia
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Litigating Against a Gas Station Franchisor: When a Franchisor Doesn't Hold Up to their End of the Agreement

When you decide to become a franchisee of any franchise there are tems and agreements that must be reached between the franchisor and the franchisee of any franchise system.  Franchise legal documents such as the franchise agreement and the franchise disclosure documents that are reviewed and signed when someone is purchasing a franchise are put in place to protect the interest of both the franchisor and the franchisee.  So what happens when one of the parties doesn't hold up to their end of the bargain?  What happens if a franchisor decides to go against what was agreed on with the franchisee or vice versa?

When franchisees review the franchise agreement they are about to sign they must do so carefully and conduct proper due diligence before signing any franchise agreement and with the assistance of a franchise lawyer to make sure their best interest is being looked after.  But sometimes eventhough you may sign a franchise agreement that is in your best interest there are certain situations that can not be foreseen. 

In the recent case in New Jersey where BP gas station franchisors are being sued by the gas station franchisees the franchisees of BP gas station in northern New Jersey were offered an extension of the terms of agreement for their contracts and were then told before the contract was even near being up that they needed to sell their buildings back to the franchisor.  This has resulted in a lawsuit against the franchisors of the franchise gas station that will now be decided by the courts.  The franchisees are worried that even if the court interveens and they do not have to sell their locations the franchisors may still charge them additional costs and drive prices and costs up resulting in them no longer having the funds to operate their individual gas station locations in New Jersey.

If you are a franchisee and feel as if your contract or franchise agreement rights have been violated or disregarded you and you want to speak with a franchise lawyer regarding your rights as a franchisee contact New York franchise lawyer Charles N. Internicola at 800.976.4904 or 718.979.4300.

Category: Franchise Law

11/10/2009
Vicky Gracia
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How to Find the Right Franchise Lawyer for Your Franchise Purchase

So you have decided that you are interested in purchasing a franchise and maybe you even have a good idea of what franchise company you would like to be a part of.  By now you may be feeling like you are ready to take a step forward with your franchise purchase process and may be feeling like you want to speak with someone who can answer the legal questions you may have about the franchise you are considering.  You may have franchise legal questions such as "are my rights fully protected as a franchisee in the franchise agreement" and "what is in the disclosure statement".

Finding the right franchise lawyer will help you feel comfortable in your franchise purchase and will help you know to the best of your ability if you are making the right decision by purchasing the franchise that you are choosing to buy.  Here are a few things you will want to know when you are searching for the right franchise attorney:

  • Explore your options even if its nationwide franchise attorney. Finding a franchise lawyer in your area is not a necessity, in fact, since a franchise attorney never even has to meet with you in person for the transaction it is more important that you find a skilled franchise lawyer whether they be our-of-state or in-state rather than using a mediocre franchise lawyer in your area.
  • Make sure the lawyer is concerned about your potential purchase. The franchise lawyer your chose should be concerned about your purchase and should make sure that you have thoroughly investigated and completed the process of due diligence about the franchise company.  A franchise attorney should make sure that you are certain that this is the franchise for you and that you have spoke to other franchisees in that franchise company and have done your research. 
  • Don't use a franchise attorney just because of the discounted legal fee.  Sometime franchise lawyers who offer "discounted fees" or have lower fees than most are not the best choice when it comes to someone who is going to be representing you in your franchise purchase.  In a franchise transaction you will want to make sure you are using the best of the best when it comes to franchise lawyers.  Finding the best franchise lawyer for you may mean that you pay more in fees than you would for a franchise lawyer that is not as good or experienced.  Remember spending a few extra dollars now may save you thousands if not hundreds of thousands in the future. 
  • Make sure they are in good standing.  Making sure the lawyer you choose is in good standing with the American Bar Association (ABA) is very important and will help you be able to stay away from lawyers who are not looking out for your best interest.  You can visit the American Bar Association's web site to view qualified franchise lawyers.


Category: Franchise Law

11/5/2009
Vicky Gracia
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Franchising Strategy: Franchise Gas Station to Offer Franchise Arrangements to Potential Franchisees

According to Reuters Evolution Fuels Inc., a franchise gas station looking to expand its franchise locations, has decided in its efforts to expand their franchise they will offer new, more visible information to the potential franchisees of the gas station. 

The gas station will now be offering a franchise arrangement that will be sent to potential franchisees so that the franchisee will get a good idea the details and concept of what the gas station/convienience store will look like and will also allow the potential franchisee to be aware of the incentives offered by the franchise.  

The franchise arrangement the the franchise gas station will be giving their potential franchisees will consist of a distinctive motif of the gas station and convienience store, promotional information about the use of renewable fuels, onsite mixing dispensers and  and potential income tax credits of up to $50,000 through the U.S. Alternative Fuel Infrastructure Tax Credit



Category: Franchise Law

10/28/2009
Vicky Gracia
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Buying a Franchise: The Initial Steps of Purchasing a Franchise

Purchasing a franchise is a very big decision and making sure you are aware of the proper steps to take when purchasing a franchise are taken is critical.  Purchasing a franchise is something that requires much though and attention rather than being a spur of the moment type of thing. 

When considering the purchase of a franchise there are a few initial steps that will need to be taken by you before you hire a franchise lawyer (a franchise lawyer will review your franchise agreements, Franchise Disclosure Document (FDD) and will negotiate with the franchisor on your behalf).  The initial steps that should be taken before you sign anything with the franchisor are:

  • Finding the right franchise - Making sure you choose to become part of a franchise that your are interested in, skilled in and think you can achieve your business goals in is very important.  Make sure the franchise you are thinking about becoming a part of is profitable business.  Do your research.
  • Contact existing franchisees in the same franchise - Contacting other franchisees who are already a part of the franchise you are considering buying is very beneficial.  By contacting other franchisees you will be able to find out if the franchise is profitable, what issues other franchisees may be having with their franchise business or with the franchisors, in short it will allow you the opportunity to ask the person who would know best how the business is run, the existing franchisors. 
  • Contact a franchise lawyer - If after conducting due dilligence for purchasing the franchise you are interested in you will want to contact a franchise lawyer.  Franchise lawyers are not necessary when purchasing a franchise but may find that not hiring a franchise lawyer for their transaction often results in more headaches than anything.  You need an experienced franchise lawyer to review your franchise agreement, FDD and to speak to the franchisor on your behalf to make sure your concerns and needs are being satisfied by the franchisor.  Not hiring a franchise lawyer can result in a higher costs and unhappiness as a matter of a fact if you do not have a franchise lawyer who is representing your best interests you could end up being out of more money than if you would have paid a franchise lawyer's fee. 

Making sure that all of your grounds are covered when you are purchasing a franchise is key.  Make sure that no step is over looked and no question is left unanswered.



Category: Franchise Law

10/8/2009
Vicky Gracia
Comments (0)

International Franchise Association Requests that Congress Extend Franchise Tax Incentives

The International Franchise Association (IFA), which represents 1,300 franchise systems and more than 500 companies that supply goods and services to the franchise industry, recently urged lawmakers to extend the expiring tax incentives that "would help franchise businesses" according to Dina Dwyer-Owens, chairwoman of the IFA.  

The IFA is concerned about the U.S. House Small Business Committee not extending the Emergency Economic Stabilization Act of 2008 which provides tax incentives as write-offs and increased depreciation for certain restaurant improvements and renovations such as equipment purchases and construction.  

Dina Dwyer-Owens also asked Congress to extend the American Reinvestment and Recovery Act of 2009 which includes the Work Opportunity Tax Credit.  The Work Opportunity Tax Credit is a credit that she says has "helped franchise businesses hire unemployed veterans or youth who are not in school or already employed".  

The IFA is asking Congress to extend both of these tax incentives that having been helping franchise owners and those interested in buying a franchise for the past two years.  The IFA feels that taking the tax incentives away just as the economy has began to recover could further damage the economy.  This believe is similar to the extension that is being requested for the first time homebuyer credit for the real estate market.  Although different they are very much alike in a way which is that they are trying to get extensions on both until the economy returns to somewhat of a normal status.  

 

Category: Franchise Law




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