Whether you are negotiating franchise agreements, submitting franchise registrations, or engaging in any other activities related to franchise law, having an experienced franchise lawyer who understands how state and federal franchise regulations interact is key to your success.
What is Franchise Law?
Franchise law is the body of law related to franchised businesses. It covers how they operate, how they are created, and how they are terminated. It also deals with the relationship between franchisors (the company or person who grants a franchise) and franchisees (the company or person who pays to be given a franchise). Franchise law is a complex combination of federal, state, and common law.
Franchise Law Services in Miami
Franchise attorneys in Miami specialize in how these laws interact and can therefore offer advice on managing the legal intricacies of franchise relationships, franchise registrations, franchise terminations, and everything else related to them.
Franchise Agreement Review
A franchise agreement is a legal contract that contains all the terms and conditions that govern the relationship between franchisors and franchisees. Different franchises have different terms and conditions, which potential franchisees should consider carefully before signing into the program.
Let our franchise lawyers in Miami review your franchise agreement to determine whether or not it disproportionately benefits the franchisor or is mutually beneficial.
Franchise Disclosure Document (FDD) Preparation
The Franchise Disclosure Document (FDD) is a legal document that the FTC requires franchisors to provide to franchisee candidates before selling a franchise.
It contains 23 sections or items that disclose essential information about the franchise, such as the franchise’s history, litigation and bankruptcy history, the support the franchisee candidates will receive from franchisors, and more.
Franchise lawyers ensure the FDD is written in plain English so candidates can understand its items. And make sure that the information disclosed falls only within the 23 required items, as over-disclosure can hamper the registration process.
Franchise Registration
Registering a franchise is a complex process for franchisors. Additionally, the laws and regulations that govern how franchises are registered vary by state. States fall into three categories depending on their registration models:
- Franchise Filing. Franchisors must file an FDD and pay a fee without any additional approval from their state.
- Franchise Registration.
- Franchise Non-Registration. Franchisors must file an FDD and follow FTC guidelines to sell franchises in their state.
Florida is a Franchise Filing state. A franchise attorney in Miami can help you draft an FDD and submit it for you to sell franchises legally.
Navigating the Franchising Legal Space
Our expert franchise lawyers help you navigate the complex legal landscape of franchise law.
Franchise Disclosure Violations
Franchise law violations may result in fines of thousands of dollars or even criminal charges. Franchise disclosure violations occur when franchisors violate franchise law when disclosing information in selling a franchise.
A franchise lawyer helps franchisee candidates determine whether their franchisor violated franchise law in their disclosures and respond with the appropriate legal actions. This can include rescinding their purchase and recovering damages.
Breach of Contract
A breach of contract occurs when either party violates the terms and conditions of the franchise agreement. Some of the most common reasons why breaches of contract occur in franchise relationships include the following:
- Inadequate training and support provided by the franchisor, supplier or manufacturer.
- Unilateral changes in the supplier system or franchise format.
- Demands for excessively costly changes, such as substantial remodelings.
A franchise attorney can help you navigate these disputes and fight for your best interests.
Trademark Infringement
Trademark infringement claims may arise when a franchisee who decides to terminate their franchise relationship with the franchisor continues to use trademarked logos in their establishment.
Departing franchisees should ensure the signage in their establishment is not the same or confusingly similar to the trademarked images and logos of the franchise.
Why choose Sanchelima’s Franchise Attorneys?
Having an experienced franchise lawyer on your team is critical for our success. With their knowledge, experience, and expertise, you can achieve franchise legal compliance, save costs on fines and rejected legal documents, enjoy peace of mind about the legality of your documents, avoid conflicts of interest, and more.
Legal Compliance
Our professional franchise attorneys in Miami have read hundreds of franchise agreements and FDDs. We can quickly spot unusual or burdensome terms and advise you on navigating them. We can also help you achieve franchise compliance: staying within the bounds of legality in your operations and avoiding any costly legal repercussions for breach of contract or any other possible violation.
Legal expertise
Our franchise lawyers help you understand what you can and cannot do as a franchisee or franchisor. Their advice in legal risk management will prove invaluable when navigating legal waters you are unfamiliar with.
Sanchelima & Attorneys has years of experience in franchise law. Our lawyers will give you the best possible advice for your interests, whether you’re a franchisee or a franchisor.
By working closely with our franchise attorney Miami, you can ensure your franchise is set up for success from the outset and avoid costly legal disputes.
Contact our firm to schedule a consultation today. We’ll review your case and advise you on how to move forward.
Cost Savings
Franchise agreement violations can result in thousands of dollars of fines and potential criminal charges, depending on the nature of the violation. Having a franchise lawyer by your side will give you access to knowledge you would have likely never achieved on your own as a franchisee or franchisor.
Legal Expertise
Our franchise lawyers help you understand what you can and cannot do as a franchisee or franchisor. Their advice in legal risk management will prove invaluable when navigating legal waters you are unfamiliar with.
Sanchelima & Attorneys has years of experience in franchise law. Our lawyers will give you the best possible advice for your interests, whether you’re a franchisee or a franchisor.
By working closely with our franchise attorney, you can ensure your franchise is set up for success from the outset and avoid costly legal disputes.
Contact our firm to schedule a consultation today. We’ll review your case and advise you on how to move forward.
Meet our team
Best Franchise
Attorneys in Miami
At Sanchelima you will find the best franchise attorneys in Miami. Our team of experienced franchise lawyers is committed to protecting your business interests and helping you achieve long-term success.
Christian J. Sanchelima
Registered Patent Attorney
Juris Doctorate from the Florida International University School of LawMember of the American Bar Association.
The Intellectual Property Law Association of South Florida, and the International Trademark Association (INTA)
Jesus Sanchelima
Sanchelima’s Co-founder
Registered Patent Attorney
Law degree from the University of Miami School of Law
Member of American Intellectual Property Law Association (AIPLA).
Liany Estevez
Registered Patent Attorney
Juris Doctorate from the Florida International University School of Law Member of the American Bar Association (ABA).
International Trademark Association (INTA)
What are the benefits of franchising in Miami?
Franchising offers numerous benefits for both franchisors and franchisees. Some of the most important are the following:
- Business expansion: Franchising offers an opportunity to increase the sales and profitability of a business in new locations
- Stronger brand presence: The expansion of a business helps the brand’s visibility in new markets, especially in strategic locations like Miami.
- Lower financial risk: For both franchisees and franchisors, the financial risk is lower as the business is already established with a higher success rate than a startup.
- Consistent revenue stream: Franchisors earn from franchise fees and ongoing royalties, ensuring steady income.
What should I look for when hiring a franchise attorney in Miami?
It is important to consider the following key factors before hiring a franchise attorney Miami to obtain the best legal services:
- Experience in franchise law: Make sure to look for an attorney who specializes in franchise law and has experience in handling franchise agreements, disputes, and disclosures (FDD).
- Communication and transparency: Find a professional who is able to communicate complex legal issues in simple terms, this way you will be able to understand completely the context of your case.
- Franchise regulation knowledge: The professional you hire should have an understanding of Florida franchise law to ensure complete compliance.
- Positive reviews of past clients: Look for different reviews, referrals and evidence of their previous work before hiring a franchise attorney Miami to ensure they are the best option for the services you require.
- Availability and timely response: Obtaining a quick response in legal actions can make an important difference, therefore make sure to hire an attorney that is accessible and responsive to all your needs.
What should I look for when hiring a franchise attorney in Miami?
Yes, a franchise lawyer in Miami can help resolve franchise disputes by offering mediation, negotiating contract terms, reviewing the Franchise Disclosure Document (FDD), and providing support in commercial litigation Miami if necessary.
They ensure compliance with laws and protect your interests in case of disagreements over contracts or franchise operations.
How does a franchise attorney in Miami protect franchisees from legal risks?
A franchise attorney in Miami protects franchisees by reviewing contracts, ensuring legal compliance, preventing disputes, advising on risk mitigation, and providing litigation support. This ensures the franchisee’s rights are protected throughout the franchise relationship.
What are the most common franchise disputes?
Franchise disputes can arise for various reasons, the most common include:
- Failure to meet performance standards: Disagreements over sales or service expectations.
- Payment issues: Conflicts over royalty calculations and fees.
- Breach of contract: Violations of agreement terms by either party.
- Quality control: Disputes over adherence to brand standards.
- Contract termination: Conflicts over ending or not renewing the franchise agreement.
- Intellectual property misuse: Issues with improper use of trademarks and systems.
- Franchise resale or transfer: Conflicts over the sale or transfer conditions of the franchise.
What intellectual property laws apply to franchises in Miami, Florida?
The Intellectual property laws that apply in Miami Florida are the same as in other parts of the US. Some of the laws that you have to consider are the following:
Intellectual property law
Protecting intellectual property is essential to protect franchise branding and identity. The key legal protections include trademarks, copyrights, and patents. With the guidance of a trademark and patent attorney Miami, you can safeguard your IP and prevent unauthorized use during a franchise agreement.
Restrictive Covenants
In Miami, restrictive covenants play a crucial role in maintaining a favorable franchising relationship. The creation of certain clauses like “Non-Compete Clauses”, “Confidentiality Agreements”, or “Non-Solicitation Clauses”, contribute to having a successful collaboration between parties.
Trade secrets laws
Trade secrets protection is one of the most important factors to consider when conducting franchising agreements. In Florida, the Uniform Trade Secrets Act (UTSA) provides a legal framework to safeguard valuable and confidential business information and ensure the stability of a franchise relationship.
Can a franchise lawyer in Miami help with franchise termination or renewal?
Yes, franchise lawyers can assist you with both franchise termination and renewal by ensuring compliance with legal requirements, negotiating favorable terms, and protecting your rights. Our professionals are prepared to help you review any franchise agreement, resolve disputes, and navigate through termination clauses.
What are common legal mistakes franchisees make without a franchise attorney in Miami?
Professional legal guidance is essential to avoid costly mistakes when entering a franchise relationship. Here are some of the most common errors franchisees make without the assistance of a franchise lawyer:
Signing unfavorable agreements: Many franchisees without a lawyer as an intermediary accept terms without a fair negotiation that benefits both parties.
Misunderstanding financial obligations: A lawyer can assist in identifying hidden fees, ongoing royalties, marketing contributions, and renewal costs to avoid unexpected financial losses.
Lack of dispute resolution strategies: Without a solid dispute resolution plan, franchisees may struggle to protect their rights when a disagreement arises over contract terms.
Ignoring compliance requirements: Failing to comply with Florida franchise laws and federal regulations can lead to fines or termination of the franchise relationship.
Overlooking termination clauses: Exiting a franchise or failing to meet renewal obligations can result in penalties or loss of investment. A franchise attorney is essential to review strict terminations and renewal conditions that franchisees might not fully understand.
Is hiring a franchise attorney in Miami necessary for a small franchise?
Yes, a franchise attorney in Miami is also helpful for small franchises. Franchise agreements are legally complex for both small and large businesses, therefore the assistance of an attorney is essential for the legal process.
These professionals ensure you understand the terms and conditions of the agreement, protect your financial interests, and help you with compliance, contract negotiations, and dispute resolutions.
How can a franchise lawyer help with franchise royalties and fees?
Hiring a franchise lawyer ensures proper management of franchise royalties and fees by providing the following services:
Fee structures review: They ensure transparency in ongoing royalties, marketing fees, and other charges that may arise.
Favorable terms negotiation: A specialized attorney will help you seek lower fees or more flexible payment structures.
Legal compliance: Franchise attorneys verify that the franchisor’s fees align with Florida and federal franchise laws.
Resolution of fee disputes: A professional franchise lawyer will assist in conflicts over unexpected charges or changes in fee structures.
