A franchise or business opportunity seller must give the prospective buyer a detailed disclosure document at least ten (10) business days before the buyer pays any money or legally commit himself to a purchase. The disclosure document includes:
" Names, addresses, and telephone numbers of at least 10 previous purchasers who live closest to the buyer; " A fully audited financial statement of the seller; " Background and experience of the business's key executives; " Cost of starting and maintaining the business; and " The responsibilities buyer and the seller will have to each other once the buyer has invested in the opportunity.
Franchise sellers also must tell a prospective buyer in writing the number and percentage of owners who have failed.
Allegheny County, Pennsylvania is home to a diverse range of businesses and franchises, and if you are considering becoming a franchisee in this area, it is essential to familiarize yourself with the legal requirements set forth by the FTC Franchise and Business Opportunity Rule. This rule outlines the mandatory information that franchisors must disclose to prospective franchisees in order to ensure transparency and protect their interests. The Allegheny Pennsylvania Checklist Regarding Matters that must be Disclosed to Prospective Franchisee in Accordance with FTC Franchise and Business Opportunity Rule encompasses a variety of crucial details that franchisors must provide to interested individuals. Some key elements that should be included are: 1. Franchisor Information: This section must include the name, address, and contact details of the franchisor along with any parent or affiliated companies involved in the franchise endeavor. It should also mention the franchisor's business experience and the key personnel responsible for the franchise operation. 2. Franchise Initial Fees: Franchisors are required to disclose all the fees associated with obtaining and operating the franchise, including initial or ongoing fees, royalty payments, advertising fees, and any other financial obligations expected from the franchisee. 3. Franchisee Obligations: This section outlines the franchisee's responsibilities, such as the required level of personal involvement, managerial experience, and involvement in day-to-day operations. It should also detail any training and assistance provided by the franchisor. 4. Territory Restrictions: Franchisors must disclose if there are any territorial restrictions or limitations on where the franchisee can operate. This information is crucial as it may impact the franchisee's growth potential and competition within the area. 5. Intellectual Property: The checklist should include details about the franchisor's trademarks, copyrights, or patents, and whether the franchisee will have the right to use them. It should also mention any ongoing support related to branding, marketing materials, or promotional activities. 6. Financial Performance Representations: If the franchisor provides any information about potential earnings or sales, it must be clearly stated and supported by reasonable data or historical evidence. Any claims regarding income or profitability must be accompanied by adequate documentation. 7. Renewal and Termination: This section outlines the terms of franchise renewal, transfer, or termination. It should include any conditions or fees associated with renewing the franchise agreement or transferring ownership. Additionally, it should state the circumstances under which the franchise agreement may be terminated by either party. It is important to note that this Allegheny Pennsylvania Checklist Regarding Matters that must be Disclosed to Prospective Franchisee in Accordance with FTC Franchise and Business Opportunity Rule may evolve or have additional requirements, so it is advisable to consult a legal professional to ensure compliance. By following these guidelines, both franchisors and franchisees can establish a solid foundation for a mutually beneficial and transparent business relationship.Allegheny County, Pennsylvania is home to a diverse range of businesses and franchises, and if you are considering becoming a franchisee in this area, it is essential to familiarize yourself with the legal requirements set forth by the FTC Franchise and Business Opportunity Rule. This rule outlines the mandatory information that franchisors must disclose to prospective franchisees in order to ensure transparency and protect their interests. The Allegheny Pennsylvania Checklist Regarding Matters that must be Disclosed to Prospective Franchisee in Accordance with FTC Franchise and Business Opportunity Rule encompasses a variety of crucial details that franchisors must provide to interested individuals. Some key elements that should be included are: 1. Franchisor Information: This section must include the name, address, and contact details of the franchisor along with any parent or affiliated companies involved in the franchise endeavor. It should also mention the franchisor's business experience and the key personnel responsible for the franchise operation. 2. Franchise Initial Fees: Franchisors are required to disclose all the fees associated with obtaining and operating the franchise, including initial or ongoing fees, royalty payments, advertising fees, and any other financial obligations expected from the franchisee. 3. Franchisee Obligations: This section outlines the franchisee's responsibilities, such as the required level of personal involvement, managerial experience, and involvement in day-to-day operations. It should also detail any training and assistance provided by the franchisor. 4. Territory Restrictions: Franchisors must disclose if there are any territorial restrictions or limitations on where the franchisee can operate. This information is crucial as it may impact the franchisee's growth potential and competition within the area. 5. Intellectual Property: The checklist should include details about the franchisor's trademarks, copyrights, or patents, and whether the franchisee will have the right to use them. It should also mention any ongoing support related to branding, marketing materials, or promotional activities. 6. Financial Performance Representations: If the franchisor provides any information about potential earnings or sales, it must be clearly stated and supported by reasonable data or historical evidence. Any claims regarding income or profitability must be accompanied by adequate documentation. 7. Renewal and Termination: This section outlines the terms of franchise renewal, transfer, or termination. It should include any conditions or fees associated with renewing the franchise agreement or transferring ownership. Additionally, it should state the circumstances under which the franchise agreement may be terminated by either party. It is important to note that this Allegheny Pennsylvania Checklist Regarding Matters that must be Disclosed to Prospective Franchisee in Accordance with FTC Franchise and Business Opportunity Rule may evolve or have additional requirements, so it is advisable to consult a legal professional to ensure compliance. By following these guidelines, both franchisors and franchisees can establish a solid foundation for a mutually beneficial and transparent business relationship.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
