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Just what is The Franchise Fraud? The franchisee trust as a tool

Article Abstract:

The book 'The Franchise Fraud' is intended as an expose of the riskiness and restrictiveness of modern franchises, in contradiction to their popular image. Franchisees lose equity ownership and business rudiments while also losing control and undergoing the same risks as independent entrepreneurs. The marketplace purveys an outdated image of franchises as having the advantage of guaranteed success over the risks of business. Pooling of franchisees' resources into a trust can add fairness to the situation.

Author: Purvin, Robert L., Jr.
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1995
United States, Criticism and interpretation, Letter to the Editor, The Franchise Fraud (Book)

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Standing issues related to franchisee associations

Article Abstract:

Franchisee associations are formed by franchises that want to collectively address problems with the franchise system that they hold in common. However, the associations only have standing to sue in very specific situations where the members would have standing to sue, the issue is relevant to the association and where the claim or relief do not require individual involvement in the case. Therefore, the associations are not able to address members' problems with contract-related issues.

Author: Steele, William B., III, Dickerson, A. Darby
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1993
Standing (Law), Trade and professional associations, Professional associations, Trade associations

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Representing the prospective franchisee

Article Abstract:

An attorney representing a prospective franchisee should first help the franchisee determine whether he or she is suited to the business, and discuss the advantages and disadvantages of franchising in general. Franchisees must be prepared to work long hours and realize little or no profit initially. The next stage is to evaluate the particular offering being considered in light of the franchisee's rights and interests. Some specific questions to be asked are presented.

Author: Hurwitz, Ann
Publisher: American Bar Association
Publication Name: Franchise Law Journal
Subject: Law
ISSN: 8756-7962
Year: 1992
Practice of law, Attorney and client

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Subjects list: Laws, regulations and rules, Franchises, Analysis
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