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A counterpoint to all those franchise myths & misperceptions

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Don't believe all the propaganda about buying a franchise.
Franchise startups do NOT have a better chance of success than independent startups.
Franchisors may also silence failed franchisees so they can't tell their story.
Buying a franchise has become a financial & emotional disaster for many.



Articles About Franchises Are Written By The Inexperienced

I've seen numerous articles about franchising, some at the websites of major business publications, which are incredibly shallow. It often seems they're written by someone who really knows nothing about franchising. But there was space to fill, and they were ordered to write something, so they wrote a fluff article about buying a franchise.

They almost always say you should investigate the franchise by talking to current and former franchisees. That's an indicator of someone who knows nothing about franchises. Chances are good that existing franchisees won't say anything bad about the franchise -- they probably hope to sell theirs some day, at a profit. So they're not going to say anything bad.  Talk to FORMER franchisees? You'd probably have difficulty locating them and if you did, they might not wish to talk or may be gagged by a non-disclosure agreement, like this one. They CAN'T talk -- or they can't tell the truth.

These amateur-written "how to buy a franchise" articles usually contain comments about the FDD (Franchise Disclosure Document), and these fluff articles often lead you to believe the FDD is a valuable document that you should rely upon when buying a franchise. That's not true.  In fact, an FDD can be creatively written to make it appear the franchise is in better shape than it really is.  While there are certain things which must be included, those things can be written in a creative way.  And there may be important things which are never included in the FDD.  Here's the worst part, and something those fluff articles don't tell you: Many courts have ruled that you can't sue using the FDD to support your case.   So what good is it?  Practically speaking, the FDD is nothing more than another bit of propaganda which the franchise seller can use creatively and which does precious little to serve, or protect, the buyer.

I just wrote comments like those above in response to a fluff article at a major newspaper's website.  My comments were deleted and, instead, comments appear from a franchisor.  I suspect the newspaper gets advertising revenue from franchisors and doesn't allow unflattering comments to appear on its website.

Be alert for all those fluff articles out there: They don't serve the prospective franchise buyer.

 

Noble Roman's Pizza Franchisees Hit With Summary Judgement

Several Noble Roman's franchisees sued the franchisor, charging fraud.

An Indiana court has issued a summary judgement in favor of Noble Roman's, ordering the franchisees to pay Noble Roman's legal fees and damages. The franchisees "were liable to the company for direct damages and consequential damages, including net loss future royalties, for breach of their franchise agreements. In addition, the Court determined that, as a matter of law, Noble Roman's was entitled to recover attorneys fees associated with obtaining preliminary injunctions, fees resulting from the prosecution of Noble Roman's counterclaims and fees for defending against fraud claims against the company and certain of its officers. The amount of the award is to be determined at trial."

Full press release

[Publisher's comments: You see, boys and girls, those franchise agreements you sign can have some nasty consequences.]

 

Scammer Selling Fake "Return A Pet" Franchises

A man on supervised release for investment fraud did it again, conning people out of $500,000 by selling sham "Return-A-Pet" franchises.

According to the indictment, Stein told his victims: "'The concept is simple. For a one-time fee of $20, a pet's owner gets a lifetime membership to the service, and when someone finds the lost pet, he or she calls the toll-free number on the tag. Telephone operators are on call around the clock, seven days a week, to contact the pet's owner and return the animal.'"

Stein sold his "distributorships" for upfront fees of $5,000 to $50,000, and sold them to victims as far away as Texas, Georgia, Kentucky, North Carolina, and South Africa, "often falsely identifying himself as Robert Philips," prosecutors said.

In its statement, the U.S. Attorney's Office added: "Stein was publicly interviewed by a Wall Street Journal reporter in 2004, and on the television program 'American Greed' in 2008, concerning an investment fraud scheme he operated in Nevada for which he was previously convicted. In the interviews, Stein described how he had lured investors into believing that his business was legitimate by, among other things, paying people to give phony, 'wonderful' references - similar to his alleged operation of Return-A-Pet. In the Wall Street Journal interview, he stated it's all about the packaging and the picture that you paint for them - the image, all about the dream you're making for them.'"

Full story

 

Failed Atlanta Bread Franchises Cost Taxpayers Millions

Franchisees sometimes obtain loans guaranteed by the Small Business Administration.

That's what many Atlanta Bread franchisees did -- and some of them failed.
The cost to taxpayers: $5 million.

Atlanta Bread is the story of a franchise which grew large then shrank.
Franchisees were among its casualties.

Read more

 

Current Conditions, Outlook Dim for Franchises

Business is currently lackluster and unlikely to improve much going forward, according to an August survey of 134 executives representing both U.S. franchisers and franchisees. What’s more, they say conditions today are significantly worse than they were just a few months ago.

Slightly more than a third of respondents said business conditions were “somewhat poor,” up from about 20% who said the same in a March survey that polled 370 franchiser and franchisee executives, the IFA reports. Roughly 25% said conditions were “somewhat good” in August, down from 31% in March.

Franchise leaders noted that limited access to credit remains a major problem. Nearly two-thirds of those polled in August – 64% — reported “no improvement” in this area in recent months, up from 62% who said so in March. Looking forward, just 27% said they expect to see “moderate improvement” in credit access over the next 12 months, compared with 49% who said this in March.

http://blogs.wsj.com/in-charge/2011/09/01/current-conditions-outlook-dim-for-franchises/

 
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Latest Comments

  • This sounds familiar... was it only in Atlanta whe... More...
  • Conducting background checks is a very good idea. ... More...
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"Be Your Own Boss"
You may have heard it: "Buy a franchise and be your own boss!" Don't believe it! Here's an example of contractual restrictions placed on CertaPro Painters franchisees. Pay particular attention to the legal restrictions--the franchisee is placed at a great disadvantage.

Did They Lie To You?
If a franchisor or its sales person lies to you about the franchise, you may have cause to sue for misrepresentation.

Here's A Great Place To Find Franchise Documents
The California Department of Corporations maintains a database of filings from corporations (including franchises) which operate in California. Use the search page to find things like FDD's, franchise agreements, financial statements, etc.