About Franchise Disputes

Working to Protect Your Interests

Franchising utilizes the model of a successful corporation to develop and operate a new business. It is viewed as a workable alternative to becoming one of a chain of stores. The business relationship is between the franchisor, who grants the franchise, and the franchisee that is granted the use of the successful business model. Each side has specific obligations that they must meet in order for the operation to be a success. As with other relationships in life, disputes can occur between the two parties that need resolution. At Clearman | Prebeg, they ably represent both franchisors and franchisees nationwide in order to resolve disagreements that arise.

Whether it is through arbitration, a needed lawsuit or other legal means, our goal remains to work aggressively for your rights and interests. A franchisor commonly wants to protect their trademarks, intellectual properties and control the business concept. They want the services and products to remain standard and true to what their company is known for. The franchisee desires the franchisor to properly set them up to succeed, not crowd the territory they occupy with other franchises and to meet their obligations as laid out in the license agreement. At times, conflicts can be prevented by using the services of an experienced commercial litigation lawyer during negotiations on the original franchise agreement.

Commercial Litigation Attorney

Reaching a successful outcome in franchise disputes can be extremely important to both parties. Businesses and individual"s livelihoods are at stake. Common causes of action by franchisors against franchisees include:

• To collect monies that are owed such as advertising or marketing fees or royalty agreements
• To force a franchisee to adhere to the standards and uniformity required of a franchise
• To protect and enforce their intellectual property rights as franchisors

Franchisees claims can take many forms, including disputes over what a franchisor claimed would be earned in the business or that the costs given to them as their initial investment were misleading. A frequent complaint is that a franchisor is selling franchises in too close a proximity to an existing franchise and thus encroaching on their area. No matter the form of the dispute, this firm has the experience and know-how necessary to reach a successful conclusion in your case either through negotiation, arbitration or commercial litigation.

If you are experiencing difficulties with a franchise agreement, contact a Commercial Litigation Attorney for effective assistance.