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Before Buying a Franchise

Legal Advice Prior to Buying a Franchise

Are you interested in buying a franchise in the U.S. or in a foreign market? I help entrepreneurs decide if buying a franchise is a good fit. As a potential franchisee, there are important issues to consider prior to your purchase. I provide comprehensive legal help to prospective franchisees, helping them decide if buying a franchise is a wise move.

Are you interested in buying a franchise in the Washington, D.C., area or elsewhere in the United States? Please contact me, Mario L. Herman, today to schedule your consultation. As an experienced franchise attorney, I can help you decide if buying an American franchise is a good fit.

Look Before You Leap

Due diligence is crucial for major financial decisions. Before signing a contract, securing a loan, and cutting a check, you should:

  • Review the franchisor's litigation record contained in the franchise offering circular (FOC);
  • Scrutinize promotional marketing materials provided by the franchisor and compare these with representations made in the FOC;
  • Contact current franchisees listed in the FOC and inquire whether they would purchase their franchise again (though current franchisees will be reluctant to speak negatively about the franchise);
  • Find former franchisees (sometimes a difficult task) and inquire how many left the system and why (keep in mind, former franchisees may be inclined to speak negatively about the franchise);
  • Independently research the franchisor and their concept to determine the strength of their trademark, the financial performance of company-owned stores, and whether the franchisor is a "professional franchisor"—that is, a verifiable expert in the concept being franchised;
  • Call the Federal Trade Commission (FTC) in Washington, D.C., to determine whether complaints have been filed against franchisor;
  • Call franchisee associations (e.g., the Franchise Equity Group (619-593-6553) and the American Association of Franchisees and Dealers (800-733-9858)) for additional information; and
  • Determine which attorneys formerly have represented franchisees in the network, and inquire about their client's problems with the franchise.

Learn more about the importance of putting a lawyer with franchise expertise on your side or read about franchising success rates.

Contact me today to arrange your consultation.

Franchise Law Overview

What Is Franchising? Selling a company's goods or services with the proper legal authorization Read more...


Mario L. Herman is a Washington, D.C. based franchising attorney who advises clients in the U.S. and internationally. Mr. Herman is licensed to practice law in Washington, D.C. Mr. Herman affiliates with local counsel, both foreign and domestic, as the need arises for a particular project.

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