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Selling a Franchise
Before you decide to sell your franchise, it is essential that you check your franchise agreement so that you are complying with the terms of exiting the franchise, otherwise the Franchisor may be able to terminate your franchise agreement leaving you with nothing to sell. Don’t stress – we will make sure you’re compliant, manage the notice process for you and draft the Contract of Sale to protect your interests as you exit. Several of our team have worked as Legal Counsel for some of the major franchises, so we can guide you through the process, so you can focus on your new life ahead.
Legal help delivered flexibly to make life easier for you That's Virtual Legal
The types of things we may do for you
Obtaining Franchisor Consent to sale
Responding to Buyer’s lawyer on due diligence Q’s
Negotiating contract of sale & special conditions
Adjusting staff entitlements, rent & outgoings
Working through contract & special conditions
Preparing for and attending Settlement
Reviewing Lease Assignment Deed & Bond Return
Assisting with Transfer of Food & Liquor Licences
Have you given first right notice to the Franchisor?
Don’t worry – we can manage that for you before you sell.
Client Testimonials
PRICING & Packages
Choose a Package to Suit You
This may be your first time but it’s not ours.
We’ll take care of it so you can focus on your bright new future!
+ GST
from
$4,497
Sale Package (No Lease)
- Reviewing Franchise Docs for Assignment & Exit Conditions
- Contract Preparation & Negotiation
- Due Diligence
- Transferring Employees
- Working with Financier & releasing Charges & Loans
- Assisting with Transfer of Food or Liquor Licence (if applicable)
- Preparing Settlement & Handover
- Reviewing Deed of Release from Franchise Agreement and release of guarantees
- Valued at $5,840.00
+ GST
from
$5,697
Sale Package with Lease Assignment
- Reviewing Franchise Docs for Assignment & Exit Conditions
- Contract Preparation & Negotiation
- Due Diligence
- Transferring Employees
- Working with Financier & releasing Charges & Loans
- Assisting with Transfer of Food or Liquor Licence (if applicable)
- Preparing Settlement & Handover
- Assigning Lease, negotiating terms in Deed, drafting Transfer & attending to Registration (if applicable). Arranging return of bank guarantee or deposit bond.
- Reviewing Deed of Release from Franchise Agreement and release of guarantees
- Valued at $7,040.00
+ GST
from
$5,997
Sale Package with New Lease
- Reviewing Franchise Docs for Assignment & Exit Conditions
- Contract Preparation & Negotiation
- Due Diligence
- Transferring Employees
- Working with Financier & releasing Charges & Loans
- Assisting with Transfer of Food or Liquor Licence (if applicable)
- Preparing Settlement & Handover
- Organising new lease and then Lease Assignment to buyer, negotiating terms in Deed, drafting Transfer & attending to Registration (if applicable). Arranging return of bank guarantee or deposit bond.
- Reviewing Deed of Release from Franchise Agreement and release of guarantees
- Valued at $7,920.00
Frequently Asked Questions
If you already have a potential buyer, we will prepare the Contract of Sale and work with the Buyer or the Buyer’s solicitor if one is appointed, to finalise the details in the Contract. You don’t need an agent to do this as the Contract is done by the lawyers anyway. If you are using an agent to find the Buyer, make sure you factor their fees into your sale price.
In the event you do not settle the transaction, we will only charge for whatever time was recorded on the file so you’re only paying for exactly what you used. Once you find another Buyer, we can then use the same company search, PPSR searches, etc from your terminated contract to save you doing them again, so that will save you on the second transaction also.
No, fortunately you can just use the “Standard Sale Package (No Lease)” option because the Buyer will get a new Outlet License with a copy of the Lease, so there is minimal legal work for us to do on the lease side of things in that scenario.
This will depend on which State of Australia you are selling your business in, but generally speaking the Seller pays the cost of the Landlord’s legal fees, which often range between $2,000 to $5,000 depending on the law firm they engage. In some States, such as Queensland, the Landlord cannot charge for a new lease, so if the Buyer opts for a new lease, there is no or minimal cost to you other than releasing the lease you’re currently in.
It may well be the case. Most franchise agreements stipulate that you must give the Franchisor, or an associate of the Franchisor, first right of refusal on your business so they can choose to buy it at the price you intend to sell it to a third party for. There may be a specific process and timeframes to be followed in your franchise agreement so we’ll advise you on this. If the Franchisor does not agree to purchase it, then you can sell it to a third party. But if you change the price and deal terms, it is often the case you need to offer it to the Franchisor again on the better terms.
We will review the Franchise Agreement and advise you on this also – preferably before you set your sale price, so you can account for this cost in the sale price. Often, franchisors will charge a Transfer Fee which tends to be around 2% of the sale price or $10,000 whichever is the greater. But each franchise agreement is different. Some franchises also charge a Sale Administration Fee, and some will also charge a fee for preparing the Deed of Release, which releases you from your obligations under the Franchise Agreement and any guarantees you provided in that regard.
The Franchisor has the right to refuse a prospective Buyer if they feel they would not make for a suitable Franchisee for their brand, although the Franchisor has to act reasonably. The Franchisor may also initially approve them but if the Franchisee does not pass the training and testing requirements prior to Settlement, the Franchisor may not give consent, and you will need to find a new Buyer, and will not be compensated for any loss you’ve suffered.