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Franchise agreement misrepresentation and your legal options

When you invested in a franchise, you likely did so with high hopes and a sense of security. After all, franchisors are supposed to provide a proven business model and support to ensure your success.

What if the promises made during the sales process turned out to be empty? Knowing your legal options is essential to protecting your business and your future.

Misrepresentation can harm the franchisee’s business

Franchisors must disclose all material facts related to the franchise opportunity. Misrepresentation in agreements occurs if they:

  • Overstated potential earnings or profits
  • Concealed hidden fees or costs
  • Misrepresented the level of support or training provided
  • Falsely claimed exclusive territories or protected markets
  • Made false promises about the franchise’s reputation or success rate

Due to misrepresentation, you may face financial losses, damaged reputation and operational difficulties. In some cases, franchisees may be forced to close their businesses due to the franchisor’s deceptive practices.

You have a legal recourse against misrepresentation

If you believe you have been a victim of franchise agreement misrepresentation, you have several legal options:

  • Rescission: You can cancel the franchise agreement and recover your investment.
  • Damages: You may seek compensation for losses resulting from the misrepresentation.
  • Injunctive relief: This can prevent the franchisor from continuing their deceptive practices.

To explore these options, you will need to collect proof of the misrepresentation. This could involve gathering written communications, financial records and projections given by the franchisor. Statements from other franchisees or employees can also be useful.

It can be challenging to prove that a franchisor misled you, especially since they usually have significant legal resources. They might argue you did not do enough research or that the information they gave was just their opinion, not a promise.

When contending with franchising issues, it is best to work with a skilled New Jersey attorney. Your lawyer will strive to protect your investment and secure your future as a franchisee.

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