Legal Question in Business Law in West Virginia

franchise agreement

I own 2 Franchises with a fast food/treats company. We have owned the second location for over 6 years. Now I am being told that this location should have never sold hot dogs even though it has been doing that for over 30 years. This is a thinly veiled attempt to turn the location into a new concept store where we would have the right to sell hot dogs and pay royalties on them. Isn't there something in law about me relying on the fact that we were told we were a ''non systems food contract'' when we purchased and that they had never made any of the previous owners take out hot dogs?


Asked on 8/10/08, 8:04 pm

1 Answer from Attorneys
Krutika Patel Spanovich & Patel, PLLC

Re: franchise agreement

Contract questions are for the most part governed by the terms and conditions in the document. As such, it is difficult to fully analyze the issue without understanding directly what terms are in the franchise agreement and whether there were additional/seperate terms when you had the second location.

There is the potential to argue that it has been an acceptable practice to sell the hot dogs for so many years; however, again, without looking at the contracts, it is hard to determine what remedies are available.

Please call our offices for a free initial consultation.

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Answered on 8/11/08, 10:41 am


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