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
Franchisor hinders litigation – An unbalanced arbitration clause
It has been agreed in a franchise agreement that disputes will be settled by arbitration, to be held in New York, in the English language.
DA Drugstore head office clashes hard with franchisees
DA Drugstore head office clashes hard with franchisees
Competing without a non-competition clause?
The franchise non-compete obligation remains a source of dispute.
Non-competition clause set aside; big consequences
Non-competition clause set aside; big consequences
Judgment association of franchisees versus franchisor regarding the roll-out of an alternative franchise formula
Judgment association of franchisees versus franchisor regarding the roll-out of an alternative franchise formula
Continuation of operation, despite substantial backlog of franchise fee?
Can the franchisee continue to operate despite a significant franchise fee payment arrears?