Miami Franchise Attorney

A franchise is a contract first and a brand second. Aaron Resnick, a Miami franchise attorney with Law Offices of Aaron Resnick, represents franchisors and franchisees on franchise agreements, disclosure documents and franchise disputes in Miami Dade, Broward and Palm Beach counties. Aaron knows the law. He knows both sides. And he knows Miami.

What Does a Franchise Attorney Do in Miami?

A franchise attorney represents either side of a franchise relationship: the franchisor building a system or the franchisee buying into one. The work covers franchise agreements, the franchise disclosure document, compliance with federal and Florida law, and disputes between franchisor and franchisee.

Aaron Resnick represents both franchisors and franchisees, so he reads every agreement knowing what the other side will argue.

Franchising in Florida: Franchising is a method of business expansion built on a licensing relationship between the business owner (franchisor) and individual operators (franchisees). The franchisee gets the right to operate under the franchisor's brand and system in exchange for an initial fee and ongoing royalties.

What Is a Franchise Disclosure Document and When Must a Franchisor Provide It?

A franchise disclosure document, or FDD, is the franchisor's written disclosure of its business, fees, litigation history and the terms of its franchise agreement. Under the FTC's Franchise Rule, 16 C.F.R. part 436, a franchisor must give it to a prospective franchisee at least 14 calendar days before the franchisee signs a binding agreement or pays any money.

Aaron Resnick reads the FDD against the franchise agreement, because the two documents must tell the same story.

Franchise Agreements and Disclosures: Drafting and reviewing franchise disclosure documents and franchise agreements for compliance with federal and Florida law, so the franchisor's documents are accurate and the franchisee knows what it is buying.

What Does a Franchisor Need Before Offering Franchises in Florida?

A franchisor needs a franchise agreement, a compliant disclosure document, protected trademarks and an operating system the franchisees can follow. The agreement, the FDD and the operations manual have to agree with each other. The agreement should identify the trademarks and other brand rights the franchisor is licensing and how the franchisee may use them.

Florida does not have a general franchise registration system, but a franchisor relying on Florida's franchise exemption from the business opportunity law must file the required notice under chapter 559 with the Florida Department of Agriculture and Consumer Services and renew it each year.

Aaron Resnick builds the legal documents around how the franchisor actually runs its system.

The firm's franchisor attorney page covers that work.

Developing Franchise Systems: Helping franchisors develop systems, including operations manuals, training programs and quality control standards.

Intellectual Property Protection: Helping franchisors secure their intellectual property through trademarks, copyrights and trade secret protection.

Ongoing Compliance: Updating the FDD each year, as the FTC Franchise Rule requires within 120 days after the franchisor's fiscal year ends, and keeping the Florida exemption notice current.

What Should a Franchisee Check Before Signing a Franchise Agreement?

A franchisee should read the entire FDD: the initial investment table, any financial performance representation, the franchisor's litigation history, the list of current and former franchisees, the territory, and the renewal, transfer, termination and post term non compete terms. Compare each to the agreement and speak with current and former franchisees before signing.

Many franchise agreements send disputes to the franchisor's home state; that clause decides where a Miami franchisee would have to sue.

Aaron Resnick reviews the FDD and the agreement together and negotiates the terms that can be negotiated.

The firm's franchise agreement attorney page covers that contract review.

Due Diligence and Risk Assessment: Due diligence on the franchisor and the franchise system, reviewing the FDD and feedback from existing franchisees.

Negotiation of Franchise Agreements: Representing franchisees in negotiating the terms of franchise agreements.

What Can a Franchisee Do if the Franchisor Misrepresented the Investment?

Florida makes it unlawful, when selling a franchise, to intentionally misrepresent the chances for success, the known total investment required, or plans to sell more franchises than the market can sustain, under chapter 817, Florida Statutes. A franchisee who proves a violation may receive a judgment for all moneys invested, plus reasonable costs, and the court may award attorney's fees.

Proof starts with the disclosure document, the sales presentation and every email that promised numbers. Keep them together.

Aaron Resnick compares what the franchisor said in writing with what the disclosure document and the results show.

What Can a Franchisee Do When the Franchisor Breaks the Agreement?

A franchisee should first read the agreement's notice, cure and dispute resolution clauses, then document the franchisor's conduct in writing. Depending on the agreement, the dispute may go to negotiation, mediation, arbitration or court, and missing a contractual notice deadline can impair or bar a remedy, depending on the agreement and governing law.

Aaron Resnick reads the dispute clause and the dates before he recommends mediation or a lawsuit.

The firm's franchisee attorney page covers representation of franchise owners.

Dispute Resolution: Representing franchisees in disputes with the franchisor, from mediation to litigation.

How Does a Franchisee Exit a Franchise?

A franchisee exits by selling the franchise, letting the term expire or ending the agreement early. Each route is controlled by the franchise agreement, which usually requires franchisor approval of a buyer, a transfer process and continued compliance with obligations after the franchisee leaves.

Aaron Resnick reads the transfer, renewal and post-termination clauses before the franchisee announces a plan.

Exit Strategies: Guiding franchisees through retirement, sale or other exit from the franchise system, in compliance with the contract's obligations.

What Should I Send Before a First Meeting About a Franchise?

Send the Franchise Disclosure Document with its receipt page, the franchise agreement and every amendment, the area development or territory agreement if there is one, the sales materials and emails that came with the offer, and any default or termination notice. For a dispute, add the royalty and payment history.

Aaron Resnick reads those documents before the first meeting.

When Should I Call a Franchise Lawyer?

Call before you sign a franchise agreement or pay a deposit, before a franchisor offers its first franchise, and as soon as a franchisor sends a default or termination notice. Early review settles the terms while they can still be changed.

Aaron Resnick advises franchisors and franchisees as part of his small business law practice; meet the firm's attorneys.

Send the parties, the franchise and the next date; the firm reviews every inquiry and tells you whether it can help.

We Don't Make Promises. We Have Results to Prove It.

Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami resident. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner. The Law Offices of Aaron Resnick represents franchisors and franchisees in Miami Dade, Broward and Palm Beach counties and across Florida in franchise agreement, disclosure and dispute matters. Call 305-672-7495 or request a consultation.

This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.