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Franchising is one of the most popular business models in the United States. It allows entrepreneurs to operate under an established brand name while accessing proven systems, support, and name recognition. However, while franchising offers many advantages, it also comes with legal complexities that franchisees cannot afford to ignore.
Having experienced legal counsel is essential, whether you are an individual purchasing your first franchise unit or a corporation managing hundreds of locations. At Luther Lanard, PC, our franchise attorneys help franchisees throughout Central Florida, across the United States, and around the globe. We focus on protecting your rights, investments, and future. From high-stakes franchise disputes to transactional reviews, we are the legal partner franchisees trust.
Understanding the Franchise Lifecycle
The journey of a franchisee is rarely linear. It involves distinct phases, each with legal considerations and potential challenges. At Luther Lanard, PC, our knowledge spans the entire franchise lifecycle, ensuring you have dedicated legal support at every critical juncture. We provide the insights necessary to make informed decisions throughout every stage. Our commitment is to be your consistent legal partner, adapting our services to meet your evolving needs throughout your time as a franchisee.
Why Franchisees Need Dedicated Legal Representation
Franchise relationships are governed by a complex mix of federal and state laws, franchise disclosure documents (FDDs), franchise agreements, leases, and ongoing operational obligations. While franchisors often have teams of lawyers crafting these documents in their favor, franchisees must proactively level the playing field. Luther Lanard, PC, provides strategic legal counsel tailored to franchisees, helping you avoid costly mistakes, identify red flags, and enforce your legal rights when disputes arise. We work with:
- First-time franchise buyers
- Multi-unit franchise operators
- Franchisee associations
- Investment groups
We will advocate for you if you are entering a new agreement or navigating a contentious legal battle.
Proactive Legal Strategies for Long-Term Success
While many franchisees seek legal counsel when a dispute arises, a proactive approach to legal matters can significantly mitigate risks and foster long-term success. At Luther Lanard, PC, we believe in empowering our clients with preventative legal strategies. This includes providing ongoing advice on compliance with franchise agreements and relevant laws, helping you understand your rights and obligations to avoid potential breaches.
Furthermore, we offer guidance on the legal aspects of collective action for franchisees looking to form or join franchisee associations, enabling you to amplify your voice and address systemic issues with your franchise. By partnering with us proactively, you gain a strategic advantage, allowing you to focus on building a sustainable and profitable franchise business with the peace of mind that your legal foundations are secure.
We Navigate Franchise Disputes to Protect Your Investment and Operations
Disputes within the franchise system can be disruptive, costly, and threaten your business’s foundation. Our experienced franchise lawyers in Orlando, FL, are adept at resolving various franchise-related conflicts, employing strategic negotiation, mediation, arbitration, and, when necessary, aggressive courtroom advocacy to protect your rights and bottom line. We provide robust representation in the following dispute areas:
Breach of Contract
The franchise agreement forms the cornerstone of the franchisor-franchisee relationship, outlining mutual obligations and expectations. When either party fails to uphold their contractual duties, it can lead to significant financial and operational repercussions. We represent franchisees facing allegations of breach or those who have suffered damages due to a franchisor’s failure to meet their obligations. This includes issues such as:
- Failure to provide promised support, training, or resources
- Violation of territorial exclusivity agreements
- Unjustified imposition of new fees or requirements
- Failure to maintain brand standards or protect intellectual property (IP)
- Disputes over royalty payments or reporting obligations
We meticulously analyze the franchise agreement, gather compelling evidence, and develop a strategic legal approach to achieve the most favorable outcome through negotiation, mediation, or litigation.
Fraud and Unfair Trade Practices
Franchisees invest significant capital and effort based on the representations made by the franchisor. When these representations prove to be false or misleading, or when the franchisor engages in unfair or deceptive business practices, it can inflict substantial harm. We represent franchisees who have been victims of:
- Misrepresentation of financial performance or potential earnings
- Concealment of material information during the franchise disclosure process
- Deceptive marketing or advertising practices
- Unfair competition or predatory behavior by the franchisor
We are committed to holding franchisors accountable for fraudulent and unfair conduct, pursuing legal remedies to recover your losses, and preventing future harm to your business.
Termination and Non-Renewal
Terminating or refusing to renew a franchise agreement can have devastating consequences for a franchisee. Often, these actions are taken without proper cause or in violation of the franchise agreement and applicable laws. We advocate for franchisees facing wrongful termination or unfair non-renewal, challenging the franchisor’s actions and seeking remedies such as:
- Injunctive relief to prevent termination or non-renewal
- Negotiation of fair exit terms and compensation
- Pursuit of damages for lost profits and investment
At Luther Lanard, PC, we understand the emotional and financial toll of such disputes, and we work diligently to protect your interests and explore all available legal avenues.
Exiting a Franchise
Circumstances may arise where a franchisee wishes to exit the franchise system, whether due to personal reasons, financial difficulties, or a desire to pursue other opportunities. Navigating the exit process can be complex, involving transfer restrictions, buy-sell agreements, and post-termination obligations. We provide legal guidance to franchisees seeking to exit their franchise agreements strategically and efficiently, minimizing potential liabilities and maximizing their options.
Franchise Encroachment
A franchisor’s decision to establish a new outlet or authorize another franchisee to operate near an existing franchisee’s location can significantly erode their customer base and profitability. We represent franchisees who have suffered financial harm due to unwarranted encroachment, pursuing legal action to enforce territorial rights and seek compensation for damages.
Lease Disputes
For many franchisees, their physical location is critical to their success. Disputes with landlords over lease terms, rent increases, maintenance obligations, or eviction proceedings can severely disrupt operations. We provide comprehensive legal support in resolving lease disputes, protecting occupancy rights, and ensuring a stable business environment.
Misclassification
In some franchise models, franchisors may improperly classify franchisees as independent contractors rather than employees, potentially depriving them of essential legal protections and benefits. We represent misclassified franchisees, advocating for their rights and seeking proper classification and associated remedies.
Association and Class Actions
When multiple franchisees experience similar issues or suffer the same wrongful conduct by a franchisor, pursuing collective legal action through franchise associations or class action lawsuits can be a powerful tool. We have experience representing and advising franchisee associations and leading or participating in class action litigation to achieve systemic change and secure collective redress.
We Guide Your Growth by Helping with Strategic Agreements and Transactions
Beyond dispute resolution, the franchise attorneys at Luther Lanard, PC provide proactive legal counsel to help you navigate the complexities of franchise agreements and transactions, laying a solid foundation for your success and future growth. Our services in this area include:
Franchise Legal Review
Before committing to a franchise opportunity, a thorough review of the FDD and franchise agreement is paramount. We provide comprehensive legal analysis of these critical documents, identifying potential risks, negotiating favorable terms, and ensuring you fully understand your rights and obligations before signing on the dotted line. Our meticulous review covers key aspects such as:
- Territorial rights and exclusivity
- Fees, royalties, and other financial obligations
- Operational requirements and brand standards
- Transfer and termination provisions
- Renewal options and conditions
- Dispute resolution mechanisms
- IP rights and restrictions
We aim to empower you with the knowledge and understanding necessary to make informed decisions and avoid potential pitfalls.
Multi-Unit Agreements
For experienced franchisees seeking to expand their operations, multi-unit agreements offer the opportunity to develop multiple franchise locations within a defined territory. These agreements involve unique legal considerations and require careful negotiation to protect your interests as you scale your business. We provide proficient legal guidance in structuring, negotiating, and reviewing multi-unit development agreements, ensuring favorable terms and a clear roadmap for your expansion.
Business Formation
We provide comprehensive business formation services, whether you are establishing a new legal entity to operate your franchise or restructuring your existing business. We advise on the most suitable legal structure, prepare and file necessary documents, and ensure compliance with all applicable state and federal regulations.
Lease Review and Negotiation
Securing a favorable lease agreement is crucial for the success of a brick-and-mortar franchise. We provide skilled legal assistance in reviewing and negotiating commercial leases, protecting your interests, and ensuring terms that support your business operations. Our services include:
- Analyzing lease terms and identifying potential risks
- Negotiating favorable rent, common area maintenance (CAM) charges, and other financial obligations
- Reviewing and negotiating clauses related to assignment, subletting, and termination
- Ensuring compliance with zoning regulations and other legal requirements
We strive to secure lease terms that protect your immediate interests and foster your franchise location’s long-term viability and profitability.
Buying and Selling Franchises
Purchasing or selling an existing franchise involves a complex legal and business process. We represent buyers and sellers, providing comprehensive legal guidance to ensure a smooth and successful transaction. Our services include:
- Due diligence review of the franchise business and its financial records
- Negotiation of purchase and sale agreements
- Review and assignment of the franchise agreement and lease
- Ensuring compliance with franchisor approval processes and transfer requirements
Our comprehensive legal support aims to streamline the intricacies of franchise transactions, safeguarding your interests whether you are stepping into or exiting the franchise system.
Investment Due Diligence
Thorough due diligence is essential for individuals or entities considering investing in a franchise system to assess the investment’s viability and potential risks. We provide comprehensive legal due diligence services, reviewing franchise agreements, financial disclosures, litigation history, and other relevant information to help you make informed investment decisions.
Outside General Counsel
Our firm offers outside general counsel services for franchisees who require ongoing legal support but may not have the resources for a full-time in-house counsel. We act as your trusted legal advisor, providing proactive guidance on various legal and business matters, helping you navigate challenges, seize opportunities, and ensure long-term success.
Why Choose Luther Lanard, PC, as Your Central Florida Franchise Attorneys Near Me Law Firm?
At Luther Lanard, franchise law is not a side practice. It is our sole focus. We advocate exclusively for franchisees, protecting your interests at every stage of the relationship. Whether you are entering a new agreement or facing a dispute, we bring the insight, experience, and passion needed to protect your investment. Here is what sets us apart as the best franchise lawyers near you:
- Exclusive representation of franchisees: We do not represent franchisors. Our loyalty is to individual, group, and corporate franchisees who trust us to defend their interests.
- Decades of focused franchise experience: Our attorneys have represented franchisees worldwide for over 50 years, across nearly every industry, from fitness and food service to healthcare, education, retail, and hospitality.
- Trusted by franchisees of all sizes: From first-time buyers to corporations owning hundreds of units, we tailor our approach to meet each client’s unique needs and growth stage.
- Mission-driven advocacy: Fueled by a passion for the American dream of franchising, we are dedicated to navigating legal complexities, efficiently achieving favorable outcomes, and creatively advocating for your success through collaborative solutions or assertive litigation to overcome obstacles and build a thriving business.
- Proven results: Working on behalf of franchisee clients, we have secured over $20 million in judgments and settlements, demonstrating our ability to translate legal strategy into successful outcomes.
When you hire Luther Lanard, PC, you gain a dedicated team of franchisee advocates who fight to level the playing field and give you the legal power to stand up for your rights.
Contact Our Franchise Lawyer Near Me Law Firm Today
Your franchise business is too valuable to risk on an uncertain legal footing. Whether you are entering a new agreement, expanding operations, or are involved in a serious dispute, our Central Florida franchise attorneys are here to help. We offer confidential consultations and serve franchisees throughout the United States and internationally. Contact Luther Lanard, PC, today to schedule a consultation and discuss your options.