People like black and white answers to their questions. Unfortunately, the question as to what is involved in selling a franchised business is not one where a one-size-fits-all answer will suffice. It fully depends on what the franchise agreement and any amendments state with respect to the rights and obligations relative to a potential transfer of ownership.
Some of the things that you are likely to find are:
First Right of Refusal: In many cases the franchisor has a "first right of refusal" to buy your franchise upon whatever terms and conditions you have negotiated with an independent party. The existence of such a clause means that few buyers will be interested in pursuing your business, as they run the risk of doing all the investigation and review and then being left on out of the picture. Anyway, you need to know whether or not the franchisor has such a right and, if so, if the company intends to exercise it.
Right of Approval: Most franchisors have the right to approve a successor franchisee with respect to financial, business and other qualifications. These "rights to approve" typically have teeth in them to the extent that the agreements state that any unauthorized transfers of ownership terminate the franchise agreement. In many cases, the approval is also accompanied by additional conditions, such as obligation to enlarge, upgrade, open an additional location, etc.
Transfer Fee: Most franchise agreements require an 'approved successor owner' to pay a transfer fee to the franchisor. In most cases, it is not a large amount and is generally considerably less than the fee paid by the original franchisee.
Training or Other Requirements: The backbone of most franchises is 'standardized methods of operation', and therefore many franchisors require that new, inexperienced operators agree to attend and complete franchisor-sponsored training before they are permitted to assume ownership.
Term of the Franchise Agreement: Few franchise agreements are in place forever, with most having expiration dates, and some having options for renewal. Therefore it is very important to have either a relatively long term left on your franchise agreement when you go to sell, or to already have renewal options negotiated and in place, and transferable to a new owner.
These are some of the primary issues that you will have to understand and possibly deal with in the sale of your franchised business. You should also find out if your franchisor actively resells franchise locations and what the track record is in doing so. Some franchisors have good programs in that they are typically always advertising for brand new franchisees and thus have prospects for existing franchises. However, the reality is that most franchisors are far more interested in the sale of new locations (with large front end and real estate related fees and profit potentials) than they are in the resale of an existing location.
About The Author: Steve Fitzgerald is a business broker in the San Diego area assisting business buyers and sellers throughout Southern California. You can reach Steve by phone at 858-320-0474.
|Helpful Resources To Assist In Selling And Buying California Businesses|
|Helen Yoo: Escrow & Bulk Sale Services - Southern California
New Century Escrow, Inc. is a fully licensed & bonded independent escrow company. Over 20 years combined experience in handling bulk escrow transactions. Multi-lingual staff that speaks your language, including Korean, Chinese, Vietnamese. Call Helen Yoo direct at 626-890-1151.
|Diane Boudreau-Tschetter: Escrow And Bulk Sale Services
California Business Escrow, Inc. is a full service independent escrow company serving all of California and has expertise in a wide range of escrows. Our team prides itself on providing an exceptional escrow experience. For more info phone Diane Boudreau-Tschetter at 888-383-3331 or 209-838-1100.
|Willard Michlin, CPA, Certified Fraud Examiner, Due Diligence Services
Willard Michlin, CPA #106752, offers buyers step by step training & assistance in doing Due Diligence Services when they are thinking of making an offer, or are in process of investigating a business purchase. He helps to determine the actual net profit even when there is cash. Call 805-428-2063.
|Steve Erlinger: Laundry Broker, Consultant - Southern California
I specialize in the laundry industry broker and consultant in Southern California. I assist buyers navigate the many facets of finding, evaluating, and operating a laundry business. I also help current laundry owners find additional stores, sell, evaluate an existing laundromat.
|Joanne Weber, Broker - Preschool Specialist - Southern California
The Ryan Craig Company is in its 35th year as the recognized expert in Southern California, dealing exclusively in the sale of preschools, Montessori schools, day care centers, and private schools. Our extensive list of references speaks for itself. Phone Joanne at 818-760-3684 for more info.
|Ken Oppeltz, Business Broker, San Diego County
We have been San Diegos premier business broker and merger and acquisition specialist since 1989. Staffed with some of the best-qualified and most experienced business brokers in the industry, our professionals have all earned or are candidates for the Certified Business Intermediary (CBI).
|Mike Brewer: Liquor License Brokers, ABC Consulting Services
Liquor license brokerage and consulting services. We provide: Alcohol License Transfers Application Consulting & Processing, Liquor License Purchases & Sales, City Zoning Permits & Land Use Entitlements, Public Convenience or Necessity Findings and Letters. Phone Mike Brewer direct at 800-437-1100.
|Chris Seaman, Business Broker - San Diego County Area
Founded in 1994, First Choice Business Brokers has accelerated to become one of the most successful Business Sales Organizations in the world. Our team of agents have gone through extensive training to become experts in the field of business brokerage. Call Chris at 858-578-4111 for more info.
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