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Franchisees, dealers and distributors and most small businesses are
among the least represented groups in our country. Franchisees and
dealers, indeed most small businesses and individuals are often asked to
sign detailed, complex and one-sided agreements drafted by the
franchisor’s lawyers. Having been involved in reviewing and litigating
disputes on such agreements for decades, we believe it is imperative for
franchisees to receive legal advice before they sign or renew these
agreements. For this reason, Lagarias & Boulter, L.L.P. usually offers a
flat fee to review franchise or other agreements and accompanying
offering circulars.
Our experience in representing franchisees, distributors and dealers in
their relationship disputes has taught us to seek the client's objective
first. Sometimes a satisfactory resolution may be obtained by unilateral
action or by negotiation. In other instances arbitration, litigation or
trial are necessary. In this regard we address common franchise and
distributorship issues including rescission of the agreement and return
of funds, breach of contract including the covenant of good faith and
fair dealing, encroachment and other unfair competition by the
franchisor, misuse of advertising funds, cram-downs of new and unfair
contract terms, misrepresentations and non-disclosures in the offer and
sale of franchises, violations of franchise statutes, improper
terminations in breach of contract or statutes, improper pricing in
violation of Uniform Commercial Code, antitrust laws, and other unfair
trade practices. Please see the following Articles for further
information on the franchise litigation: Click on the article title to view the article.
You can also download the articles in
either PDF or Word format.
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