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
Creative solution for the division of the Sunday opening
Creative solution for the division of the Sunday opening
Franchisee may not be bound by a non-competition clause
Recently, the court of Utrecht ruled again on the Super de Boer case against one of its (former) franchisees.
Exchange information about takeover entrepreneurs C1000
Exchange information about takeover entrepreneurs C1000
More choices for fast food entrepreneur
In the competitive market of fast food concepts, those who have access to their own premises often determine which formula may be used.
Franchisee protection in case of subletting
Franchisee protection in case of subletting
Distribution agreement or agency agreement: find the differences
The court in The Hague recently ruled whether there was a distribution agreement (this could be a franchise agreement, for example) or an agency agreement.