Sydney’s Leading Franchise Lawyers
Newhouse & Arnold Solicitors have one of the most experienced team of franchise lawyers who really understand how franchise businesses work and have resolved 100s of franchise disputes. Our franchise lawyers are all specialists in Business Law, accredited by the Law Society of New South Wales and Newhouse & Arnold Solicitors are members of the Franchise Council of Australia.
Newhouse & Arnold Franchise Lawyers – Accredited Specialists in Business and Franchise law.
What make us different from other franchise lawyers?
Most law firms believe they can assist franchisees and support franchisors, however our team at Newhouse & Arnold Solicitors have either owned and run a franchise business in Sydney or have been extensively involved in franchise litigation.
This means that each specialist franchise lawyer can advise you on what questions you need to ask in relation too the franchise business, what things to look out for in a franchise agreement, how to review franchisor’s or vendor’s “profit models” and how to point you in the right direction before you make the decision to buy a franchise. We strive to point out the risks in running a franchise business.
We will offer you a fixed fee service for all franchise agreements, so there are no hourly rates which only rewards slow lawyers! A fixed fee service allows you to ask as many questions as you like throughout the process. We also provide advice on setting up the right entity for you. After the first meeting we will normally give you a list of things to do so you can understand how your franchise business actually works, identify some risks and give you advice around negotiations strategy and the very best structure for you to buy your franchise.
Of course, we will also work closely with your financial accountant and advisors (financial or business) to ensure that you understand clearly the franchise business that you are buying. If you are considering buying a franchise or have concerns about your franchise business, contact David Newhouse at Newhouse & Arnold on 02 9922 1100.
Have you been given a “preferred” solicitor by the selling agent?
The selling agent often will refer you to a “preferred” solicitor, explaining to you that this lawyer has acted for other franchisees. We would always advise you to be cautious in engaging a “preferred” solicitor, as there is a question as to their independence – the question you should ask is “are they working for you or the agent, or both?”. You must also remember that the more franchise systems they sell, often the more referrals from the agent they will receive! Other questions to ask is “Does the “preferred” solicitor look at each franchise agreement afresh?” Has the “preferred” solicitor ever dealt with a breach notice or termination notice or are they conflicted from telling you? What franchise litigation has the preferred solicitor been involved in? Most importantly, why is the agent giving you a “preferred” solicitor, when they work for the franchisor or Vendor?
It is worth to use and independent specialist, who is an experienced franchise lawyer, to discuss the franchise business you are about to buy.
How does an accredited speciliast Franchise Lawyer help you?
Franchising is a typically a form of licence by which the Franchisor (owner) of a product or service obtains distribution through Franchisees (affiliate dealers) giving them exclusive access or use to operate within a defined geographical area. Newhouse & Arnold Solicitors’ franchise lawyers can provide assistance for a range of legal matters related to Franchise Law, including specialist advice on:
• Franchise Disclosure Documents, licence (lease) agreements, franchise agreements.
• understating your rights under the Competition and Consumer (Industry Codes – Franchising) Regulation 2014 or known as the “Franchising Code”
• how to deal with a breach notice issued under your franchise agreement
• representing you in any litigation claims under the Competition and Consumer Act
• payment of royalties, levies and other payments
• advice around commercial leases and licences
Newhouse & Arnold are regularly involved in common franchising disputes, including:
• Misrepresentations by franchisors or Vendors in relation to earnings, profit and loss statements and disclosure documents
• Unconscionable conduct in the lead up to signing a franchise agreement
• Breaches Notices issued under a franchise agreement (most common)
• Failure by a franchisor to comply with disclosure requirements under the TrCompetition and Consumer (Industry Codes – Franchising) Regulation 2014
• Terminations under franchise agreements (most serious)
• Selling of “unauthorised products”
• Franchisor and Lessor’s “stepping-in” powers
• Sale of Franchise to third parties, with onerous contractual requirements placed on the incoming purchaser.