Article De Nationale Franchise Gids – Bankrupt because the franchisor refused to sell the franchise company – dated January 28, 2020 – mr. AW Dolphin
Can a franchisor refuse to sell a franchise business to a prospective buyer, even if it is a last resort for the franchisee? Can the franchisor then even file for bankruptcy of the franchisee?
A franchisor recently filed for the bankruptcy of its own franchisee due to payment arrears. The franchisee has argued twice that it found a potential buyer, but that the franchisor blocked the sale of the franchise business by refusing its consent. After all, the franchisee was prohibited from selling the franchise company without the prior written approval of the franchisor. With the intended sale, the franchisee could have made up the payment arrears with the franchisor
Click here for the entire article.
mr. AW Dolphijn – franchise lawyer
Ludwig & Van Dam franchise attorneys, franchise legal advice. Do you want to respond?
Go to dolphijn@ludwigvandam.nl

Other messages
A recurring problem in operation: Forecasts not achieved
A recurring problem in operation: Forecasts not achieved
Franchisee sentenced to pay fine after violation of non-competition clause
The parties have entered into a franchise agreement which relates to assisting divorces. The franchise agreement is terminated by the franchisee.
Non-competition clause unreasonably onerous
Non-competition clause unreasonably onerous
Ludwig & Van Dam main sponsor partner National Franchise Congress 4 October 2012
The world goes on. And it seems to be getting faster and faster. It took 130,000 years before we invented the steam engine around 1750.
Failure to provide the data underlying the forecasts will justify dissolution
Failure to provide information on which the forecasts are based is possible
Non-competition clause in the franchise agreement should not be lightly brushed aside due to (alleged) incorrect forecasting and non-performance and/or reasonableness and fairness
The Court of Appeal of 's-Hertogenbosch recently ruled on the question whether a franchisee is