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Using Brokers and Salespersons to Sell Franchises – OH MY!

Moderator: Andrew Beilfuss, Quarles & Brady LLP
Speakers: Theresa Leets, Assistant Chief Counsel, Franchise Unit, Legal Division, California Department of Financial Protection & Innovation; Brian Romanzo, General Counsel, Rep’M; Tom Wood, President & CEO, Floor Covering International

Paper Presentation

Get up to date on the changes abound with the use of brokers and sales teams. A franchisor’s sales team, whether internal or third party, is critical to the success of the franchise system, but brokers and sales team can also cause huge unintended issues for franchisors. The panel will discuss the newly enacted amendment to the California Franchise Investment Law and what that means not only for franchises sold in California but the possibility of other states (or even the FTC) adopting similar laws, and the highly anticipated proposed NASAA Model Broker Registration Act. This session will cover: (i) the circumstances that triggered to need for broker registration legislation; (ii) the role of the broker and salesperson; (iii) the dos and don’ts of using a broker or salesperson; (iv) the risk and reward of using a franchise broker or salesperson; (v) an analysis of deciding whether to use employed or third-party salespersons/brokers; (vi) the steps that franchisors should take to minimize its liability exposure when using a broker and/or salesperson; and (vii) strategies to maximize the franchisor’s valuation.

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