Tuesday 28 May 2019

Motives And Solutions Of Franchise Lawsuit

By Jerry Howard


The relationship of a franchiser and the franchisee is dependent on trust, respect, and the mutual interest of success between the two companies. Currently, there has been a breach of these principles resulting in the development of franchise lawsuit to help those who take their cases to court. The process is often stressful and time consuming. Franchiser-franchisee relationship is sometimes viewed to be dependent on a signed agreement among the two companies.

The franchiser often sets the rules of operation and can control the other company. However, if a person wants to succeed in his or her business, they should consult the other company when making decisions. According to court reports, most of the cases can be linked to supply chain, cost, marketing funds, and unpaid royalties. For example, in one of the cases, a company was forced to close its operations because the retailer provided false information about a product.

The most common issues that arise include marketing fee disputes, fraud, and wrongful termination amid others. Franchisers have invested resources and time in developing a brand that other businesses can benefit. The party will come up with rules to ensure that standards of operation and quality of their services are maintained. Therefore when the franchisee takes an irresponsible action that can lead to the damage of the business, they are forced to take action.

This procedure is applicable when the issues that the company is dealing with have a minimal effect or when both parties are will to find a solution.it is recommendable that you sort your points in this management as it keeps the problems hidden to public. However, when the issues are significant and require the franchisers to defend their brand publicly, a client is advised to solve the problem at the court. An example of such matters includes fraud.

A franchiser must take time in identifying the qualified candidate for the position. Ensure that the company you select to help with your franchise have high expertise and experience in the field. Work with the client in educating them on how to represent the franchise in the market. This can be done by working through the previously used programs. Training should be conducted on the seller before they are given power over the franchise.

Before signing an agreement, the two parties should agree on the regional issues. That is how close the retailer must operate. When they are all clustered in one location, it can cause problems such as high competition, loss of value, and fraud as they try to market their services. The contractor would ensure that the companies are not allowed to operate in the same locality.

Monitoring should be done on regularly. This guarantees that the other party is functioning as per the contract agreement. By observing this element, a person will be able to minimize the challenges that can cause disputes between the two companies. However, if an issue arises, the two parties would find ways of solving the problems internally without involving the public.

When solving an issue the rules of a problem must be laid down to ensure that the problem does not happen in future. Sometimes a supplier may be forced to seek litigation. Some of the elements that contribute include territorial encroachment. The contractor should not allow other franchisees to open new branches next to the one you are operating as this can lead to unhealthy competition.




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