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Franchising and Licensing Major Portions

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In many instances, a major portion of a franchisee's total net worth is represented by the
franchised business. Discuss common franchiser practices regarding the transfer of franchises due to sale, death, incapacity, and the expiration of the franchise term. Your discussion should include what contract provisions or policies enhance or detract from the value of a franchise.

Your analysis should generally be between 750 and 1,000 words.

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The expert examines franchising and licensing major portions. The total net worths are determined.

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http://law.justia.com/codes/florida/2005/TitleXXXIX/ch0686.html

Discuss common franchiser practices regarding the transfer of franchises due to sale, death, incapacity, and the expiration of the franchise term. Your discussion should include what contract provisions or policies enhance or detract from the value of a franchise.

In reference to franchiser practices that occur in the event of the death or incapacity of a dealer, majority stockholder of a corporation that operates under the tutelage of a dealer, or a manufacturer, distributor, or wholesaler, the legal regulations dictate under 686.407 that the heirs to the estate have the authority to repurchase inventory under the same terms that would occur if the contract were terminated. In cases wherein devisees or transferees were assessed in accordance with the deceased dealers' last will and testament, which is considered testate, the repurchasing of inventory is under the provisions of section 686.407 of U.S. law and explicitly applicable.

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Stephen Washington, MS
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  • MS, Prairie View A&M University
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