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
Indirect price maintenance
As is well known in franchising practice, resale price maintenance is out of the question.
Indemnity I
Many franchise contracts contain clauses that must indemnify the franchisor against the conduct of the franchisee.
The professional problem solver: the judge reinvented
In our society, a true alternative circuit of problem solvers exists, including in the form of mediators.
Nice weather as an excuse?
Legal discussions are regularly held about the question of whether disappointing visitor numbers
Acquisition of inventory and goods
Many franchise agreements, especially where retail situations are concerned
Franchise Self-Employment: Another Episode
In practice, it often happens that a franchisor finds it difficult to recruit new franchisees.