Legal Question in Business Law in Florida

Franchise termination

My franchise was just terminated because I was behind in fees for too long of a period. Do I have any defense against the corporate office? I started the business with little money and bad credit, that put me in a hole that I could never get out of. They say that I owe 55K yet they won't credit me anything for the payed for licence and they tell me that they will give me ''market value'' for the equipment that I have, which to me mean they won't give me squat! Since they can sell this licence in a day isn't that undue enrichment? Also (and this is the most importiant part), the original contract I signed didn't mention the location for any lawsuits, but the new one I signed in 2005 (I have to get my licence re-newed, and they allowed it even though I was always behind on my fees) said that all lawsuits must be in their home state of Tennessee! Is that legal? Is there a way I can get it heard in florida if they won't even discuss anything with me? Thank you in advance.


Asked on 6/06/07, 2:47 pm

3 Answers from Attorneys
Michael Stewart Michael D. Stewart

Re: Franchise termination

You should definitely get a lawyer to represent you on this one. Perhaps you can negotiate a way out at less expense.

Read more
Answered on 6/06/07, 2:57 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Franchise termination

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

An attorney would have to review your contract with the company before offering any opinion. The issues you have presented are far too complex to be answered in a few lines here.

I would strongly suggest that you consult an attorney in order to try and salvage your investment.

Scott R. Jay, Esq.

Read more
Answered on 6/06/07, 3:11 pm
Johm Smith tom's

Re: Franchise termination

Mr. Stewart is correct. You will want an attorney to review your contract and the facts and assist you in negotiating a settlement with this franchisor. We can do this for you for a reasonable fee.

Read more
Answered on 6/06/07, 3:15 pm


Related Questions & Answers

More Business Law questions and answers in Florida