Dealing firstly with whether it is possible to franchise your business.
If your business:
then you are probably not ready to franchise.
Do you lease premises for your business? Many business owners do not realize that when they sell their business and assign their lease, they may remain liable to the landlord for many years after the assignment. If the buyer (the new business owner) can't pay the rent then the landlord may come looking for the previous tenant to cover the loss. Is that you?Many leases actually provide that an assignment of the lease does not release the previous tenant from liability to the landlord. Don't despair! Read to the end of this article where we make reference to some legislation that may assist if you are a retail shop tenant.
Lots of people have great ideas but, do not have the time, the focus or the money, to implement or advance those ideas. In these times, which many business people see as, uncertain times, people are not prepared to take a risk, even if the potential reward is handsome.There are however ways of reducing the cost and risk associated with the development of an idea, project or business, while at the same time obtaining access to a bank of ideas, knowledge and resources, at no upfront cost. Yes, less cost and a better chance of success! It is possible!
Unless you have seen first hand, the way that legal proceedings can be built or destroyed, by a written note relating to a matter in issue, then you cannot appreciate how much lawyers and the court system love bits of paper. Written notes on bits of paper can literally determine the outcome of legal proceedings.
The absence of written notes can cause lawyers on both sides of an argument to work for days preparing affidavit material, each trying to recount, with limited success what was said. In many cases the factual debate is often won by the person with the best supporting paper.
"That contract's not worth the paper its written on". I understand that this is how people may feel, when they have taken the time to make a contract, yet a dispute arises anyway. Nevertheless this statement is rarely true, where a contract is properly drafted.
The point of a contract is to provide the parties to the contract, with a starting point, in case there is a disagreement. It is not the case that a White Knight will ride in, to put things right, when the terms of the contract are broken. If the agreement is properly drafted there will be a good number of matters on which it is more difficult to have an argument. Yet there will remain scope for an argument and it is up to you to enforce your rights. You will see below there are things that you can do to make a dispute less likely.
Most transactions whether for the sale of property or a business include at least two or three important dates. These dates are:
1. The date that the contract is signed by the parties to that contract
2. The date that special conditions are satisfied
3. The date that the contract reaches settlement or completion. The completion date and the settlement date are different words, used to describe the same thing.
Which of these dates do authorities rely upon when determining the date of the sale?