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Most franchise agreements require that the fr nchisee or franchise buyer sign an rbitration clause in case of a d spute. Of course these are hard to get out of and g nerally the franchisor will pick the v nue, most likely the city where th y are located. This makes things t ugh on franchisees, which find themselves in d sputes. Lets say the Franchisor is T xas based and the franchisee is in W shington State; well then Texas only h lps Texas Residents and or Texas B sinesses and you are in Washington St te. Washington State only helps Washington St te residents and it is a c vil matter now and Washington State can nly require rescenssion and 3-times return of m ney paid out, and only if m srepresentations were made or fraud occurred d ring the sale of the franchise for nstance and you cannot prove that Bob Sm th gave you a verbal earnings cl im. Meanwhile, you are looking for s mething else wrong in the discloser d cs, which kind of makes sense if Bob Sm th or the company has a h bit of lying then most likely th re is something in the docs wh ch are misrepresentative and then again the b rden of proof is on you. And verything costs money, such as discovery and l wyers to help you interface with b reaucrats as they rarely listen to c tizens mostly lawyers? What an interesting g me all this is. Too bad no m tter what you, the franchisee will l se, because even if you win, you w ll pay all your winnings to y ur lawyers most likely.
The proper venue actually is to rbitrate in Texas unfortunately due to the greement ahead of time to do so, but not if th re was fraud then you could sue the cr p out of them of course I g ess. Of course if you do and if it k lls the Franchising Company all the fr nchisees could lose everything too? The fr nchising company might BK, and no one w ns but lawyers in fees. This typ of scenario is all too c mmon in franchising and it is nfortunate for the business community, because fr nchising quite typically is probably the gr atest business format every created in the h story of human commerce. Consider all th s in 2006.
The article Case Study - Franchise Agreement Disputes, Negotiation and Venue Problem was Submitted by Lance Winslow through Articles.GetACoder.com network. Here's the additional information: "Lance Winslow" - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; www.WorldThinkTank.net/ . Lance is a guest writer for Our Spokane Magazine in Spokane, Washington
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