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
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.
Territory - What Are You Getting?
Knowing what is and isn't your territory helps new franchisees avoid problems, say Stewart Germann and Clive Neifeld
Get The Right Advice
A franchise can be a great way to get into your own business – but how do you reduce risk?
Thinking Ahead
Lance Hargreaves of specialist franchise lawyers Goodwin Turner suggests some legal aspects to consider when buying a franchise as a long-term investment
Where do you start? 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
What Should A Disclosure Document Contain?
A good disclosure document is a great help when buying a franchise. What should it tell you?
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
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
Speaking terms - buying and selling a franchise
What happens to the franchise agreement when you buy or sell an existing franchise? Michael Bright provides a brief guide
Guaranteed Income
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
7 things your lawyer should tell you before you buy a franchise
Scott Goodwin and Nicole Duncan outline the most important factors
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.
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.
Choosing A Professional Advisor
When you're buying or setting up a franchise, it's important to get accurate and useful advice.
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
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
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
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
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?
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.
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
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.
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
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
Master Franchising - Global Opportunities
Stewart Germann draws some lessons from experience for those importing and exporting franchise brands
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