Some possible conditions that your franchisor may put in place if you want to sell your franchise business include:
- first right of refusal for the franchisor to buy the business themselves;
- an interview process where the franchisor screens prospective franchisees;
- approval of a buyer by the franchisor;
- requiring that the new franchisee complete the franchise training programme, and you may have to cover those fees;
- an assignment or transfer fee;
- paying any outstanding fees or accounts to the franchisor;
Full Answer
How do I Sell my franchise?
SELL YOUR FRANCHISE? There are many important factors to consider such as timing, value, and whether or not to sell it on your own or use a business broker. Franchise Flippers can help you create a customized strategy for selling your franchise when the time is right. YOUR FRANCHISE QUICKLY?
Why hire a business broker to sell your franchise?
That is why a franchise owner needs to do everything they can to sell their franchise as quickly as possible, even if it means hiring a Business Broker to help them sell it. Before you go ahead and hire a broker to list your franchise for sale, get an appraisal on the value of your business first.
How do I get Out of a franchise agreement?
The first has to do with getting out if the franchisee is unsuccessful in operating the business , and needs to move on to a new business venture.
What happens to a franchisee’s business after the sale?
After the sale of a franchise business, the franchisee will still have some obligations left after the transfer of the business has been made. A lot of these obligations must do with what businesses or jobs they can and cannot take after the completion of the sale.
How do you sell the rights to a franchise?
Selling Your Franchise in Three Simple StepsStep 1: Prepare Your Franchise for Sale. Start by contacting your franchisor. ... Step 2: Market Your Franchise for Sale. Most business brokers use online portals and their own proprietary databases to market businesses for sale. ... Step 3 – Negotiate and Close the Deal.
Can you sell a franchise that you bought?
Most franchise agreements contain strict limitations on the franchisee's ability to sell their franchised business. Fundamentally this makes sense, as the franchisor needs to make sure that it has final say over who gets to do business under its name and using its proprietary system and methodologies.
Does buying a franchise give you the right to sell someone else's products?
Understanding Franchises A franchise is a joint venture between a franchisor and a franchisee. The franchisor is the original business. It sells the right to use its name and idea. The franchisee buys this right to sell the franchisor's goods or services under an existing business model and trademark.
What are the franchisee rights?
The right to engage in a trade or business, including a post-termination right to compete. The right to the franchisors loyalty, good faith and fair dealing, and due care in the performance of the franchisors duties, and a fiduciary relationship where one has been promised or created by conduct.
How long does it take to sell a franchise?
The average franchise sales cycle is 12 to 20 weeks On average, the total time to close a franchise sale can be up to 20 weeks.
What happens when you close a franchise?
Financial Implications You may lose monies you've paid into the business if your franchise agreement is terminated. This might include money spent on advertising and marketing, or monies paid to the parent company for the franchise agreement.
What a franchisee Cannot do?
You'll only be able to sell products and/or services that are stated in the contract. For example, if you buy a dry-cleaning franchise, you aren't permitted to sell donuts and coffee to your customers.
What are the 4 types of franchising?
The four types of franchise business you can invest inJob or operator franchise. These owner operator franchises are usually home based, which keeps overheads down to a minimum. ... Management franchise. ... Retail and fast food franchises. ... Investment franchise.
What are the basic requirements of the franchise Rule?
The Rule requires franchisors to provide all potential franchisees with a disclosure document containing 23 specific items of information about the offered franchise, its officers, and other franchisees.
What are the 3 conditions of a franchise agreement?
Franchise agreements vary between different franchises, but these seven areas should be addressed in every franchise agreement.Use of Trademarks.Location of the Franchise.Term of the Franchise.Franchisee's Fees and Other Payments.Obligations and Duties of the Franchisor.Restriction on Goods and Services Offered.More items...
How do you break a franchise agreement?
There are at least a few options: (1) determine whether or not you have any leverage you can use against the franchisor so that it will allow you to exit the business; (2) sell the business to a third party or existing franchisee; (3) sell the business back to the franchisor; or (4) find out if the franchisor is ...
How long do franchise agreements last?
between five and 20 yearsThe typical length of a franchise agreement is between five and 20 years. A common reason for this general length of time is often the size of the franchisee's initial investment, though market conditions and the type of franchise can also be factors.
How much can you sell a franchise?
Franchises are often valued based on a multiple of revenue, cash flow, or earnings before interest, taxes, depreciation, and amortization (EBITDA). As the name implies, the EBITDA method adds back some expenses to the earnings total, and a franchise can be valued at 4 to 5 times EBITDA.
Can you sell your McDonald's franchise?
Many franchisors, including McDonald's USA, must approve the transfer of the franchise from the buyer to the seller. Franchisors insist on buyers who have sufficient assets to finance the purchase.
How do you sell a failing franchise?
Often the best answer to a franchise that is not succeeding is for the franchisee to sell the business to a third party who becomes the new franchisee for that territory. This allows the failing franchisee to terminate its obligations under the franchise agreement and under any lease.
What happens when a franchisor sells?
Therefore where a franchisor sells or assigns its interest the franchisee will be required to continue operating under the terms of the franchise agreement. Just as franchisees will continue to be bound by the terms of the franchise agreement, the third party will be required to meet its obligations as a franchisor.
What do you need to do before selling a franchise?
Before the sale of a franchise business, the buyer must sign a franchise agreement created by the franchisor. This is the same agreement that the seller had to sign when they first started the franchise business. In addition, the current franchisee (seller) must settle all debts and payment defaults related to their franchise business ...
Why would a franchise owner want to sell their business?
There are two main reasons why a seller would want to sell their franchise business. Either the business is very valuable and they want to cash out or they simply aren’t running the business well and they want to get out before they lose everything. Since there’s a steady flow of buyers who want to purchase franchise businesses, ...
Why are franchisors important?
The reason these rules exist is because the corporate office wants to maintain their company image and they don’t want a franchisee to tarnish that with a business model that is different than their own. Franchisors are always involved in every big decision that a franchise business makes, including the sale of the business. Since franchisors must approve when someone starts a franchise business, they also have to approve the buyer who is purchasing the franchise business from the seller. Like with the original owner of the franchise, the franchisors want to make sure the new buyer is capable of running their proprietary business model and implementing their methodologies into it the same way the seller did before.
What happens after a franchise is sold?
After the sale of a franchise business, the franchisee will still have some obligations left after the transfer of the business has been made. A lot of these obligations must do with what businesses or jobs they can and cannot take after the completion of the sale.
What do franchisees do?
So, what a lot of franchisees do is build up their franchise business to the most profitable and successful that it can be and then they sell their franchise business to another buyer. Then, the franchisees move on to another franchise business and try to make that successful so they can do the same thing there.
How long after selling a franchise can you start a competing business?
Most franchise agreements have non-solicitation provisions and non-competition agreements which outline that franchisees cannot start a competing business for the next 2-3 years after they sell their franchise business.
What are the biggest franchises?
Some of the biggest franchises that are out there include McDonald’s, KFC, Burger King, Subway, 7 Eleven, Pizza Hut and the list just goes on. Many of the restaurants, gas stations, and fitness clubs that you see are likely franchise businesses which each have separate owners. Of course, they must pay royalties to the corporate office which owns the rights to the business. The corporate office is the headquarters of the company where the owners, or franchisors, manage the overall business and all the franchisees they’ve given licenses to.
How long do franchise rights last?
Franchisors typically award franchise rights to a franchisee for a minimum of five years and many times quite a bit longer. Most sales of existing franchised units happen in more mature franchise systems rather than in very young ones; though occasionally, a new franchisee realizes early on that they are in over their heads and need to be bailed out – usually by the franchisor.
What is a franchise agreement?
The franchise agreement that is executed by the franchisor and the franchisee contains, among a lot of other detailed requirements, strict and copious rules and restrictions for the transfer of the franchise rights. Specifically, if you own a franchise – whether it be for burgers, healthcare, fitness, hotels or any other franchise system – there ...
Why do franchisors have in-house programs?
Some franchisors have in-house programs designed to assist their franchisees in selling their existing units. This is particularly true for a mature brand. One reason for this is that most franchisors award territorial franchises; that is, each franchisee, for as long as it meets minimum operating standards (including sales targets, inspection scores, etc.) has the exclusive right to operate that franchise in a specific territory (subject to the other terms of its franchise agreement). If the franchisor has another qualified candidate for that specific territory, the franchisor is likely to assist its existing franchisee in selling its franchise rights.
What is the importance of knowing what the other fees a buyer will be obliged to pay?
This is particularly pertinent when establishing a price for your business.
Can a franchisor sell a franchise?
Some franchisors will contract with unrelated firms such as Worldwide Business Brokers to sell existing franchise units. This does not eliminate or reduce the resale restrictions in the franchise agreement but only takes the franchisor out of the re-sale business. The existing franchisee that wants to sell and the potential franchisee that wants to buy still need to meet all the requirements outlined in the franchise agreement and the franchisor still needs to approve the sale.
Do you vet a potential buyer before selling a franchise?
All of this means that you would be wise to vet your potential buyers early on – before you even disclose any financial information – by finding out what your franchisor’s requirements are; or enlist the assistance of a business broker with experience in the sale of franchises. Such experienced brokers know the ropes, understand the FDD ( Franchise Disclosure Document) and work with legal counsel that specializes in franchise law, all to your benefit.
Do you have to have the same training for a franchise?
The buyer and its managers will have to meet the same educational requirements, meet the same financial and net worth qualifications, attend the same training classes, go through the same franchisor vetting process, sign a new, current and possibly more onerous franchise agreement and essentially meet all the franchisor’s standards that you did; and maybe more, if those standards have changed which, if your franchise is more than a couple of years old, is probably the case.
Selling an existing franchise
For franchisees who are ready to sell their established businesses, here’s a piece of good news: According to a study conducted at Palm Beach Atlantic University’s Rinker School of Business, franchise resale prices are higher than those of non-franchise businesses.
Step 1: Prepare Your Franchise for Sale
Start by contacting your franchisor. There is no reason to keep the sale confidential from your franchisor who is accustomed to their franchisees exiting at some point. Ask if they can help you with a resale or transfer. Find out the extent of assistance they offer. The process varies significantly from franchise to franchise.
Step 2: Market Your Franchise for Sale
Most business brokers use online portals and their own proprietary databases to market businesses for sale. If your franchisor does not aggressively market the sale of your business, a business broker can do this for you.
Step 3 – Negotiate and Close the Deal
Once you’ve found a buyer who is interested in both your business and the franchise model, you can negotiate a price and begin with the closing process.
Selling your franchise opportunity
Every franchisor knows that the success of a franchise system is dependent on franchisee success. So simply selling a franchise is not enough. It really comes down to awarding a franchise to the right person. For franchisors who want to grow their brands with quality candidates, here are three simple ways.
Step 1 – Work with Quality Franchise Brokers
Working with quality franchise brokers is an effective and popular way for franchisors to find ideal candidates. In fact, franchise referral consultants (a.k.a brokers) have been found as the top source for lead conversions.
Step 2 – Exhibit at Trade Shows
Exhibiting at trade shows is a great way for franchisors to get in front of potential candidates face-to-face. Trade shows allow franchisors to market their brands to a large number of qualified prospects at one time. This in-person opportunity gives both parties a chance to get to know each other in a casual setting.
What does franchising want to do?
The franchisor will want to make sure that the buyer can meet its financial obligations under the franchise agreement (in addition to paying its other bills as they come due), and is not overextended as a result of a hefty loan.
What is a franchisee's execution of a general release?
The franchisee’s execution of a general release, waiving all potential lawsuits against the franchisor
What is a right of first refusal?
Another transfer restriction common to many franchise agreements is a right of first refusal ("ROFR") for the franchisor to buy back the franchise. Essentially, this provision states that if the franchisee finds a bona fide purchaser, the franchisor can step in and buy the franchise on the same terms that were offered to the third-party buyer. ROFR or first refusal provisions can prove to be sticking points for potential buyers, who do not want to go through an extensive due diligence and financing processes only to have the franchise opportunity deal taken off of the table at the eleventh hour by the franchisor. Typically, where a ROFR provision is a concern, it can be proactively addressed so that all of the parties to the process are on the same page.
Can a franchisee sell a franchise?
In either case, the franchisee’s right to sell the franchise will be governed by the transfer provisions in their franchise agreement.
Can a franchisee take advantage of the customer list?
Similarly, even if the selling franchisee is able to start a competitive business , they may still be prohibited from taking advantage of the customer list and goodwill they developed during the term of their franchise agreement , as these assets were built by leveraging the mark and processes of their former franchisor.
What is a franchise flipper?
Whether you are simply gathering information about selling your franchise or need to sell a franchise business quickly, Franchise Flippers can help you determine and execute the best strategy for selling your franchise so you can find the right buyer when the time is right .
Can our experts create your listing for you?
Save Time! Our Experts Will Create Your Listing for You if You Wish
Is selling a franchise a big decision?
Selling a franchise is a big decision. Franchise Flippers offers a free phone consultation to discuss if, when, and how to sell a franchise business.
What happens when a partnership is sold?
From the buyer’s perspective, whenever an unrelated buyer acquires all outstanding partnership interests, there is a deemed liquidation of the partnership. The partnership is deemed to make a liquidating distribution of its assets to the original partners and is deemed to have acquired, by purchase, all of the former partnership’s assets. The buyer’s basis in the assets is the purchase price paid by the buyer, and the buyer’s holding period for the assets begins on the day immediately following the date of sale. In most cases involving a third party sale, therefore, there is no significant tax difference to the buyer whether the sale of the partnership’s business is viewed as the sale of assets or the sale of the various partnership interests.
What are the tax consequences of selling a business?
Ultimately, the tax consequences of selling a business depend on a variety of factors, including the nature and profitability of the business, the type of assets that it holds, the tax classification of the business, and your tax basis in the entity. Because the tax consequences can significantly affect the amount of money ...
How is gain allocated in an S corporation?
In an S corporation, gain or loss is allocated among the shareholders according to their pro rata share of ownership in the corporation. In an asset sale, the buyer acquires a cost basis in each asset purchased.
What is asset sale?
Sale of Assets. In an asset sale (as the name implies), the owner of the business sells the business’ assets. Although the parties typically negotiate a single sales price for the business as a going concern, in reality, the seller is selling the individual assets of the business, including business goodwill.
How to sell a franchise?
You also need to prepare to sell your franchise before you actually place it on the market. Included among the preparations you will need to do are establishing the value of the franchise, setting a price, compiling financial information, notifying key employees (if necessary), and putting together a sales packet.
How to promote a franchise?
Make certain to abundantly promote your franchise through every possible avenue. If you need help with this, you might even want to consider listing it with an agent. Also take some time to practice your sales pitch. Recruit a few friends to critique your pitch before you "go live" with actual buyers.
How to keep your franchisor informed?
It's important to keep your franchisor informed about your plans to sell the franchise at the very beginning of the sales process. Many franchisors have rules regulating franchise sales. These rules should have been listed in the franchise contract you signed when you bought the franchise. Go back over those rules with the franchisor to make sure everyone is on the same page.
Can a franchisor sell a franchise?
Your franchisor might also be able to offer assistance in selling your franchise. Sometimes franchisors are aware of potential buyers who are interested in a specific territory and are looking for a relatively "turnkey" operation.
Is it necessary to know the market before you list your franchise?
It is absolutely imperative to have a basic understanding of the market before you list your franchise. How much have similar operations sold for recently? Is the market hot or cold right now? What type of person is most likely to buy a franchise like yours?
Do you have to prepare for a franchise sale?
Be aware that some franchise sales require more upfront preparation than others. Again, talk to your franchisor for specific advice about what you may need to do for the sale of your franchise.
Rules and Restrictions
- The important thing to understand about franchise businesses is that they all must abide by the rules and standards set forth by the franchisors. The reason these rules exist is because the corporate office wants to maintain their company image and they don’t want a franchisee to tarnish that with a business model that is different than their own. Franchisors are always involv…
Benefits
- The main benefit of selling a franchise business is that you’ll likely have a lot of interested buyers already available to choose from. Since franchises are usually attached to companies with great reputations, buyers are always eager to purchase them because they figure it will be easy to make them successful and profitable businesses. Often times, franchise businesses are in central loc…
Tips For The Sale
- Studies have shown that franchise owners tend to get higher prices for their franchise businesses when they sell them early on. Newer listings will motivate potential buyers into grabbing a hold of...
- Before you go ahead and hire a broker to list your franchise for sale, get an appraisal on the value of your business first. That way, you’ll know the right selling price to ask for. This is not …
- Studies have shown that franchise owners tend to get higher prices for their franchise businesses when they sell them early on. Newer listings will motivate potential buyers into grabbing a hold of...
- Before you go ahead and hire a broker to list your franchise for sale, get an appraisal on the value of your business first. That way, you’ll know the right selling price to ask for. This is not on...
- Another very important thing to remember is to not neglect the operation of your business. Even though it is for sale on the market, that doesn’t mean you can just forget about it and only focus on...
- Of course, you should keep the franchisor in the loop about what is going on with your sale. Y…
Post-Sale Obligations
- After the sale of a franchise business, the franchisee will still have some obligations left after the transfer of the business has been made. A lot of these obligations must do with what businesses or jobs they can and cannot take after the completion of the sale. Most franchise agreements have non-solicitation provisions and non-competition agreements which outline that franchisee…