Legal Advice

Must Read

Here’s a selection of the most popular articles in this section.

Why use a lawyer?

There's no excuse for cutting corners when buying a franchise

What should a disclosure document contain?

A good disclosure document is a great help when buying a franchise. What should it tell you?

Cutting through the jargon - a guide to common clauses in franchise agreements

Franchise lawyer David Foster explains what to expect in a franchise agreement and what it means for your future.

What's in the franchise agreement?

At the very heart of any franchise relationship is a lengthy legal document - the franchise agreement. But what should you expect to find in one, and what does it actually mean? Miles Agmen-Smith provides a guide.

12 tips and traps for franchise buyers

Franchise lawyer Michael Bright explains how to get off to the best possible start in your new business

All Articles

12 tips and traps for franchise buyers

Franchise lawyer Michael Bright explains how to get off to the best possible start in your new business

Cutting through the jargon - a guide to common clauses in franchise agreements

Franchise lawyer David Foster explains what to expect in a franchise agreement and what it means for your future.

What should a disclosure document contain?

A good disclosure document is a great help when buying a franchise. What should it tell you?

What's in the franchise agreement?

At the very heart of any franchise relationship is a lengthy legal document - the franchise agreement. But what should you expect to find in one, and what does it actually mean? Miles Agmen-Smith provides a guide.

Franchise Agreements Where Are The Hooks?

When you buy a franchise, you will have to sign a legal contract called a Franchise Agreement. Does it contain any nasty surprises? Vanessa Cathie helps you find out

what happens at
THE END OF THE TERM?

Franchises don’t last forever: Stewart Germann looks at some of the issues franchisees need to understand

NEED A HAND? How to get into your own business

How do you decide whether a business opportunity is right for you? Here’s a guide to working it out with links to all the resources you need to make the right decision

Choosing A Professional Advisor

When you're buying or setting up a franchise, it's important to get accurate and useful advice. Stewart Germann offers some hints on choosing the right advisors

What Happens When The Franchise Changes Hands?

A series of mergers, acquisitions and buy-outs has resulted in established systems changing hands, changing names or even closing down. Simon Lord looks at the consequences for franchisees

Making a Formal Complaint

If you think you have a justified complaint about a franchise, what should you do? Here's our guide to making a complaint under the Franchise Association's Code of Practice.

How To Choose The Right Advisor

Many of the articles on this website talk about the importance of consulting ‘specialists', ‘good' advisors and ‘experts' before buying a franchise - but how do you ensure that your chosen advisors fit into this category? Here are seven handy hints.

False franchisors plead guilty

16 October 2009 - The Commerce Commission has welcomed the conviction and sentencing today of Stewart John Brown and Robert Llewelyn Parr

Territory - What Are You Getting?

Knowing what is and isn't your territory helps new franchisees avoid problems, say Stewart Germann and Clive Neifeld

Master Franchising - Global Opportunities

Stewart Germann draws some lessons from experience for those importing and exporting franchise brands

Dealing With High-Pressure Sales Tactics

Reputable franchisors never use high-pressure sales tactics, but some companies do. Rory MacDonald suggests some of the tricks to look out for and why you should never be hurried into making a decision.

Court of Appeal decision bolsters protection for franchisors

April 2010 - Last year’s judgement by the Court of Appeal that upheld the effectiveness of notices to franchise buyers that they should get their own specialist advice has been reinforced in another case.

Due diligence - what does it mean?

These days, you wouldn’t dare buy a house without a pre-purchase inspection – so don’t do it with a franchise, either. Don’t let the jargon put you off

7 things your lawyer should tell you before you buy a franchise

Scott Goodwin and Nicole Duncan outline the most important factors

Good Faith vs. Unconscionable Conduct

July 2009 - One of the topics covered at the 2009 Franchise Law Reform Symposium in Auckland was the possible introduction of the concepts of 'good faith' and 'unconscionable conduct' into New Zealand law. Here, Stewart Germann expands upon the commentary he gave at the seminar.

Franchisee's Due Diligence is Paramount, says Court Of Appeal

6 March 2009 - The Court of Appeal has delivered an extremely important judgement for the franchise sector in respect of a long-running case involving James Home Services

Advice Makes All The Difference

Wondering how to choose the right franchise for you? Getting the right advice from the right people can set you on the path to success

Who is behind the business?
A guide to using the Companies Office website.

Entering into business with someone you’ve only just met should involve careful research, says Sally Knight

The need for caution

December 2009 - What are the lessons for potential franchise buyers from the successful prosecution of two men for misrepresentation in selling franchises? We’ve spoken to one of the victims and learned more about how the men lied – including pretending to be a successful franchisee. We also look at the most common type of complaints about franchises made to the Commerce Commission.

No law can save a fool in a hurry

Some people won’t take advice when they need it - and won't take advice after they've got themselves into trouble, either

Green Acres fraud case still a year away

July 2009 - There will be no speedy resolution for those affected by the alleged Green Acres fraud

the value of GUARANTEES

What importance should you place on a work or income guarantee?

Why use a lawyer?

There's no excuse for cutting corners when buying a franchise

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