Orlando Franchise Lawyer

Franchising has become an increasingly popular business model for entrepreneurs looking to capitalize on a proven system while maintaining their independence as business owners. However, franchising comes with a complex set of legal obligations, rights, and risks. Whether you are just starting your journey as a franchisee or are facing legal challenges with your existing franchise, having an experienced Orlando franchise lawyer on your side is crucial for protecting your investment and ensuring compliance with the law.

At Luther Lanard, we specialize in representing franchisees and helping them navigate the complexities of franchise law. As dedicated franchisee attorneys, we offer comprehensive legal services ranging from franchise agreement reviews to dispute resolution and compliance advice. Whether you are simply searching for a “franchisee attorney near me” or need ongoing legal support, we are here to guide you through the legal landscape of franchising in Florida.

Understanding Franchise Law in Florida

Franchising is a business model that involves a franchisor, the entity that owns the business model and brand, granting a license to a franchisee, the individual or entity that licenses the right to operate a business under the franchisor’s brand, to use the franchisor’s trademarks, business methods, and know-how. While franchising offers numerous opportunities, it also presents unique legal challenges. Our franchisee law firm can help you navigate these complexities and protect your rights.

Franchise law governs the relationship between franchisors and franchisees. This area of law encompasses various issues, such as drafting and negotiating franchise agreements, enforcing territorial rights, complying with disclosure laws, and resolving disputes. In the U.S., franchise law is regulated at the federal and state levels.

The Federal Trade Commission (FTC) enforces the Franchise Rule, which requires franchisors to provide prospective franchisees with a Franchise Disclosure Document (FDD). Florida has franchise laws that regulate the sale and operation of franchises within the state. For Orlando-based franchisees, complying with both sets of regulations is crucial for avoiding legal issues down the line. A Luther Lanard franchise lawyer understands the Florida laws and will provide tailored advice to ensure compliance while protecting your business interests.

The Importance of Hiring an Orlando Franchisee Lawyer Near Me

Franchise agreements are complex, long-term contracts that can impact nearly every aspect of your business. Whether entering into a new franchise agreement, seeking to resolve a dispute, or negotiating your contract renewal, retaining a franchisee lawyer ensures your rights are protected at every step. Key areas where franchisee law firms, such as Luther Lanard, can assist you include the following:

Franchise Agreement Review and Negotiation

Before entering a franchise agreement, you must understand the legal and financial obligations involved. Our franchisee lawyers have extensive experience reviewing franchise agreements and ensuring that they protect the franchisee’s interests. We will help you identify potential risks, negotiate more favorable terms, and ensure that the agreement complies with Florida law.

Franchise Disclosure Document Analysis

The FDD is a critical document that outlines fundamental information about the franchisor. A franchisee attorney in Orlando should be well-versed in analyzing FDDs, helping you fully understand the document’s implications before signing the dotted line.

Franchise Litigation and Dispute Resolution

Disputes between franchisees and franchisors can be time-consuming and costly if not handled properly. Our experienced franchisee attorneys specialize in franchise litigation and alternative dispute resolution, including mediation and arbitration. Whether you are dealing with a breach of contract, encroachment by the franchisor, or other legal disputes, we will work to protect your rights and resolve the matter as efficiently as possible.

Franchise Termination and Renewal

When the time comes to renew your franchise agreement or protect yourself from termination, legal guidance is essential to ensure that the process is handled correctly. Franchise agreements often specify how and when a renewal or termination can occur. We can guide you through these provisions, ensuring that you are in compliance with all requirements and minimizing the risk of legal complications when it comes to renewal. And when it comes to termination, we can defend you and help ensure that you are not wrongfully terminated. 

Franchise Compliance and Regulatory Issues

Franchisors and franchisees must comply with federal and state laws governing franchises, including the Federal Trade Commission’s Franchise Rule and Florida’s state-specific franchise laws. Our franchise lawyers can help you navigate these regulatory requirements and ensure your franchisor is complying with all applicable laws.

Franchise Business Structure and Formation

Choosing the proper business structure in Florida is critical for your franchise’s success. Whether you are considering forming a corporation, limited liability company (LLC), or partnership, we can help you determine which structure best aligns with your business goals and legal obligations. We assist with entity formation, tax planning, and drafting operating agreements to ensure that your franchise is set up for long-term success.

Franchise Purchase and Sale Transactions

Buying or selling a franchise involves numerous legal considerations, from evaluating the franchise’s financial health to negotiating the terms of the sale. Our Orlando franchise lawyers have extensive experience representing buyers and sellers in franchise transactions, ensuring the deal is structured to protect your interests and comply with all legal requirements. 

Items That Must be Disclosed in an FDD

The FDD is divided into 23 specific items, each covering a different aspect of the franchise relationship. These disclosures help prospective franchisees make informed decisions before committing to a franchise. Here are the 23 items that a franchisor must disclose in an FDD:

1. The franchisor and any parents, predecessors, and affiliates
2. Business experience of the franchisor’s directors, officers, and other key executives
3. Past or current litigation involving the franchisor, its executives, or affiliates
4. Past or current bankruptcy filings involving the franchisor, its affiliates, or key personnel
5. All upfront fees a franchisee must pay
6. Ongoing fees the franchisee must make during the court of the franchise agreement
7. The estimated initial investment required to start the franchise
8. Restrictions or requirements on the source of products and services
9. The franchisee’s legal obligations under the franchise agreement
10. Financing arrangements offered by the franchisor
11. Support the franchisor will provide to the franchisee
12. Exclusive or non-exclusive territories granted to the franchisee
13. The franchisor’s trademarks, service marks, and logos
14. Any patents, copyrights, or proprietary information owned or used by the franchisor
15. The franchisee’s obligation to personally participate in the business’s daily operations
16. Restrictions on what the franchisee may sell
17. Terms and conditions for renewing, transferring, or terminating the franchise agreement
18. Endorsements or relationships between the franchisor and public figures
19. The franchise’s potential financial performance
20. The franchise’s outlets, transfers, closures, and ownership changes over recent years
21. The franchisor’s audited financial statements
22. Copies of all agreements the franchisee will be required to sign
23. A receipt confirming that the prospective franchisee received the FDD

What Common Legal Issues Can a Franchisee Law Firm Near Me Help With?

While franchising offers many benefits, it also comes with challenges. Franchisees often face a variety of legal challenges that can have a significant impact on their business. Some of the most common issues our franchisee lawyers handle include:

• Franchise agreement disputes: Disagreements can arise over issues such as royalty payments, advertising requirements, and territory encroachment. Our attorneys are experienced in handling these disputes and will work to protect your rights under the franchise agreement.

 

• Non-compete and restrictive covenants: Many franchise agreements include non-compete clauses and other restrictive covenants that limit the franchisee’s ability to operate similar businesses during or after the franchise relationship. These clauses can have serious implications for your future business opportunities. We can help you negotiate or challenge these clauses to ensure they are fair and reasonable.

 

• Franchise fee disputes: Franchise fees are a common source of contention between franchisees and franchisors. Whether you are disputing the amount of fees owed or the method of calculation, we will work to resolve the issue in your favor.

 

• Termination and non-renewal of franchise agreements: Franchisees may risk having their franchise agreement terminated or not renewed by the franchisor. We can help you navigate the complex legal issues involved in termination and non-renewal and will fight to protect your rights and keep your business running.

 

• Encroachment issues: Encroachment occurs when a franchisor allows another franchise location to open too close to your territory or in your territory, potentially cutting into your customer base and profits. If you face encroachment issues, we can help you take legal action to protect your territory and business interests.

 

• Breach of contract claims: Franchisors and franchisees have obligations under the franchise agreement. If either party fails to meet these obligations, it may constitute a breach of contract. If you believe that your franchisor has breached the terms of your agreement, we can help you pursue legal remedies, including damages or termination of the agreement.

Why I Need Guidance from Franchise Attorneys Near Me

Our franchisee attorneys provide legal counsel and representation to individuals and businesses purchasing, operating, or selling franchises. We help with contract negotiations, franchise agreement reviews, dispute resolution, and ensuring that your franchisor complies with franchise laws.

While hiring an attorney when buying a franchise is not legally required, it is highly recommended. Our franchisee lawyers can help you understand the terms of the franchise agreement, negotiate more favorable terms, and protect your interests throughout the process.

Why Should I Choose Luther Lanard’s Franchisee Lawyers Near Me for My Franchise Needs?

When navigating the complexities of franchise law, having the right legal representation is critical. Not all law firms are equipped to handle franchisee’s unique challenges, so choosing a firm, such as Luther Lanard, with specialized experience in franchise law is crucial. Here is what we can offer you:

• Thorough understanding of franchise law: Our team of franchise lawyers in Orlando, led by Doug Luther and Nancy Lanard, has decades of experience representing franchisees across a wide range of industries, from food and beverage to retail, healthcare, and hospitality. We understand franchisee’s unique challenges and are committed to helping you confidently navigate franchise law’s complexities.

 

• Client-centered approach: We put our clients first. When you contact our franchisee law firm, you will receive personalized attention and guidance from our experienced team. We take the time to understand your business goals and tailor our legal services to meet your needs.

 

• Proven track record of success: Our Orlando franchisee attorneys have proven results, helping franchisees negotiate favorable terms, resolve disputes, and achieve their business objectives. Whether you are starting a new franchise or facing legal challenges with an existing one, we are here to help you succeed.

 

• Comprehensive legal services: Our firm offers comprehensive legal services for franchisees. No matter what stage of the franchise process you are in, we have the proficiency and resources to provide the legal support you need.

 

• Local knowledge in Orlando, FL: Our Orlando attorneys are intimately familiar with Florida’s franchise laws and regulations. 

Why is Luther Lanard One of the Best Franchisee Law Firms Near Me?

At Luther Lanard, we provide exceptional legal services to franchisees. We are guided by a straightforward mission—to be the leading experts in franchise law and use our knowledge to deliver efficient, creative, and effective solutions for our clients. Our approach emphasizes finding win-win strategies to resolve disputes and make deals happen, but we are always prepared to litigate when necessary, fiercely protecting your interests.

We understand the challenges you face as a franchisee, and we believe in helping you achieve success by ensuring you enter the right franchise system and resolving any legal issues that arise along the way. Our passion for franchising stems from a belief in its potential to help people realize their dreams. Whether it is through negotiating deals or litigating disputes, we are committed to safeguarding and advancing your business goals, ensuring your success is our success.

Contact Luther Lanard Today

Franchising is an exciting way to build a business, but it comes with legal challenges. Whether just starting your franchise journey or dealing with a legal dispute, working with our qualified Orlando franchise lawyers at Luther Lanard is essential to protecting your rights and ensuring your business’s long-term success.

Our team of experienced franchisee attorneys is ready to help you navigate the complex world of franchise law. From reviewing franchise agreements to resolving disputes, we provide the legal support you need at every step. Contact us today to schedule a consultation and learn how we can assist you with your franchise needs.