Company and system
What legal or bankruptcy history should I investigate?
These items disclose specified litigation and bankruptcy information.
What to check and ask
Look for
- Check the parties, dates, type of matter and current status.
- Keep allegations, court findings and settlements distinct, and ask your adviser about material issues.
Questions to ask
- Which disclosed matters relate to the obligations I would take on?
- Are there later developments or original records my adviser should review?
These are defined disclosures, not an unlimited record of every dispute. An empty search is not proof that an offer is safe.
Costs and financial claims
What fees could continue after I open?
Check the fee table, formulas, due dates and footnotes.
What to check and ask
Look for
- Look for royalties, advertising contributions and other charges imposed or collected by the franchisor or affiliates.
- Check minimums, definitions, refund terms and charges tied to particular events.
Questions to ask
- Which charges apply even when sales are low or the business loses money?
- What fees can change, and where are the change terms stated?
Item 6 does not replace a complete operating budget. Read supplier, technology and contract obligations too.
Costs and financial claims
What are the financing and guarantee terms?
Review covered franchisor-arranged financing and the actual proposed agreements.
What to check and ask
Look for
- Check the lender, interest and charges, repayment, security, guarantees and consequences of default.
- Read the relevant financing, guarantee and other proposed contracts, rather than relying on a sales explanation.
Questions to ask
- Is financing actually offered, introduced through a lender or left for me to arrange?
- Who must guarantee which obligations, and what happens after default, transfer or closure?
Item 10 is not a catalog of every external loan option. Have your lawyer and accountant review the actual terms and personal exposure.
Costs and financial claims
How should I check a sales or earnings claim?
Find the written representation and understand exactly what its figures describe.
What to check and ask
Look for
- Check the period, included and excluded outlets, data coverage and how many achieved the stated results.
- Distinguish sales from profit; inspect costs, assumptions, limits and written substantiation available on reasonable request.
Questions to ask
- Which outlets and time period support this claim, and how do they compare with my proposed business?
- What costs are excluded, and can I review the written substantiation?
A franchisor need not make a financial performance representation. Seller claims generally belong in Item 19, subject to limited exceptions, including actual records of a specific outlet being sold and qualifying written supplements. No figure guarantees your results.