Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal of burden of proof in forecasts approved by court” – February 2018
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+. Alex Dolphijn of Ludwig & Van Dam represents a franchisee in legal proceedings in which the franchisor has been convicted for the first time under the Acquisition Fraud Act. The court states that the franchisor must be able to demonstrate afterwards that the prognosis is correct. The position of franchisees has been greatly strengthened by this ruling. To be able to prove that a franchisor has its affairs in order, the franchisor must come from a good family, explain franchise attorneys Jeroen Sterk and Alex Dolphijn of Ludwig & Van Dam.
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Incorrect forecasts: franchisor must pay damages to franchisee
The court in Utrecht has recently rendered a judgment with regard to a prognosis issue.
The use of social media in the franchise relationship
Social media can no longer be ignored in everyday life.
Settlement of receivables
Your debtor may be unable to meet his or her payment obligations towards you for various reasons.
Court ruling: fees can co-exist
Court ruling: fees can co-exist
Essential information in the start-up phase withheld by the franchisor compensation for franchisee
Essential information in the start-up phase withheld by the franchisor compensation for franchisee
The franchisee’s position with respect to pre-contractual forecasting
Some time ago, the court ruled that essential information was withheld from a prospective franchisee in the pre-contractual phase.