Legal Question in Business Law in Florida
I am selling my franchise to another franchisee in the area. I am financing the sale with three lump payments, each April 30, over three years. I need contract verbage to add that in the case of non-payment ownership of the franchise reverts back to me. Otherwise I have no recourse if he doesn't make the payment.
Is this okay... In the event of non-payment of amount due within 60-days of the payment due date, franchise ownership will revert back to seller. Buyer will be responsible for all transfer of ownership fees.
4 Answers from Attorneys
You really should consult an attorney in your area that deals with transactions like this. It would be very unwise for any attorney, myself included, to comment on a few sentences without a review of the entire contract. Good luck with this matter.
I agree with you that it is important make sure you have some kind of recourse and protection in the event of nonpayment. I cannot say whether that will suffice in your circumstances. There are a few clauses you will need to make sure get included. You should have an attorney review the agreement. I draft business contracts and will be happy to help. Regards,
I have previously represented a number of franchise owners. I agree with my colleagues. You really should have an attorney who knows franchise and business issues review the contract. There are key things that should be included to protect your interest. It's better to spend the money on an attorney now to make sure you are protected, rather than spend many times as much later on if there is a dispute. We offer a free initial consultation and would be hpapy to speak with you about the situation.
Rather than a clause allowing you to take the franchise back - and would you really want to jump back into the franchise again - you should consider some other options. A better course of action is to get a lien on real property or other assets you can attach is there is a default on the note. Consult with a franchise attorney for more details.
Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise
Franchise Attorney
www.franchisefoundations.com
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