Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What You Need to Know Before Re-Selling Your Franchise

Author: Scarinci Hollenbeck, LLC

Date: September 13, 2016

Key Contacts

Back

What to expect when re-selling your franchise

re-selling your franchise

In a previous post, we discussed the process of selling your franchise. Now, however, we will walk you through the basics of re-selling your franchise – a totally different ball game.After you have notified the franchisor that you’re considering re-selling your franchise, there are several aspects you need to take into account.

Finding a prospective buyer

One of the often overlooked factors of the re-sale process for franchisees is that they do not realize that the franchisor will help them find the right buyer.

There are several considerations to make when re-selling your franchise.

Here are several ways in which the franchisor may assist in this process:

  • Find prospective buyers for a fee.
  • Use a third party sourcing firm to locate prospective buyers.
  • Direct you to franchise resale firms within the network to identify potential buyers.

The truth of the matter is that any franchisor will want a suitable buyer for its franchise network. Often, the franchisor will have a specific set of guidelines and procedures that outline the steps a franchisee needs to take prior to engaging in the re-sale process.

What you need to do before negotiations

There are two documents that a prospective buyer will need to review prior to any negotiations: the non-disclosure agreement and the prospectus of sale. 

The NDA protects the franchisee’s proprietary information, while the prospectus details all necessary financial information as well as the asking price for the buyer.

The prospectus information will provide an overview of the whole franchise as well as the franchisee’s business. It will also cover the financial and accounting history of the business to include sales, operating costs in addition to profit and loss. The franchisee will also need to describe the property, staff members and equipment used in the location.

What you need from the prospective buyer

In addition, the potential buyer will need to meet with representatives of the franchisor for approval of the sale. Not only will the purpose of this meeting be for approval, but typically, it will also be training for the buyer. This is especially important because if the prospective buyer does not meet qualifications through the training provided, the sale could potentially be rejected.

What you need to know during negotiations

As soon as a price has been agreed upon, the franchisee and the prospective buyer will need to confirm the sales offer.

Any legal transfer of the franchise ownership cannot be completed without proper documentation and approval from the franchisor.

At which point, a franchisee will need to work with their franchise attorney to navigate through the legal transfer of the business.

What you need to do before completion of the sale

This point in the sales process is where it is essential to work with an attorney who specializes in franchise re-sales. There will be fees, commissions and various other unforeseen expenses prior to the sale, so franchisees will need to settle these before completing the sale.

The franchisee is also required to notify all supplies and vendors in advance of the sale’s completion so that the prospective buyer can establish credit with the providers. This is vital to ensure there is no business interruption following the completion of the sale.

What you need to do following completion of the sale

When the funds are sent for the sales price, the franchisee effectively transfers ownership of the business to the buyer. Often, the franchisee will conduct onboarding to walk the buyer through the initial operations of the business.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate post image

Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate

The Fort Monmouth redevelopment has entered its execution phase, and it is repositioning the broader Monmouth County real estate market. When Netflix and the Fort Monmouth Economic Revitalization Authority closed on the 292-acre Mega Parcel in December 2025, the transaction did more than hand over a deed. It marked the moment Fort Monmouth stopped being […]

Author: Donald M. Pepe

Link to post with title - "Fort Monmouth Redevelopment and the Transformation of Monmouth County Real Estate"
Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand post image

Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand

Owning a residential rental property in New Jersey involves more than finding tenants and collecting rent. Property owners must comply with a combination of state laws, municipal ordinances, building and housing codes, and zoning and land use regulations. These requirements can affect everything from the number of dwelling units permitted at a property to whether […]

Author: Donald M. Pepe

Link to post with title - "Local Zoning and Land Use Rules Every New Jersey Rental Property Owner Should Understand"
Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them post image

Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them

The five most common real estate disputes are breach of contract claims, landlord-tenant conflicts, zoning and land use disagreements, construction claims, and boundary disputes. Understanding why each arises, and taking preventive steps early, can help property owners, tenants, developers, and investors avoid costly litigation. Key Takeaways: Real estate transactions are complex endeavors involving numerous parties […]

Author: Paul Grossman

Link to post with title - "Real Estate Litigation Explained: Top 5 Disputes and How to Avoid Them"
When a Child Turns 18: The Gap in Your Family’s Estate Plan post image

When a Child Turns 18: The Gap in Your Family’s Estate Plan

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]

Author: George McGowan

Link to post with title - "When a Child Turns 18: The Gap in Your Family’s Estate Plan"
Business Mediation: An Overview and Practical Tips post image

Business Mediation: An Overview and Practical Tips

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]

Author: Paul Grossman

Link to post with title - "Business Mediation: An Overview and Practical Tips"
Top 5 Causes Leading to Construction Defect Litigation post image

Top 5 Causes Leading to Construction Defect Litigation

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]

Author: Paul Grossman

Link to post with title - "Top 5 Causes Leading to Construction Defect Litigation"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!