How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Max Lowry Your Own Question

Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
51031577
Type Your Law Question Here...
Max Lowry is online now

I ran a franchise for 5 years and when the renewal came up

Customer Question

I ran a franchise for 5 years and when the renewal came up the franchise company said that they would not renew for various reasons such as a high number of complaints/lack of advertising etc.
I have questiones these claims as for example to my knowledge i have had two complaints during the 5 years and spent the required amount on advertising. Other allegations have been challenged as well.
I have emailed and written to the MD on more than one occasion but had no response. Surely he should have to substantiate these claims if challenged.
I have also asked about the process re selling the franchise but again this has been ignored.
How do i obtain answers.
Thank You
Submitted: 3 years ago.
Category: Law
Expert:  Max Lowry replied 3 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

Whether you have the right to renew depends on the terms of the franchise agreement.

Max Lowry :

However, it's common to see a clause in properly drafted franchise agreements requiring the franchisor to be satisfied about the services delivered (i.e. no complaints) etc. before the right actually can be used.

Max Lowry :

So the franchisor usually has some discretion in the renewals process.

Max Lowry :

However, I cannot emphasise enough that this is down to the wording in the agreement and I've seen some pretty relaxed agreements, which don't do things this way, forcing the franchisor to renew too.

JACUSTOMER-tgxxltgf- :

Surely he should have to be able to substantiate his claims

Max Lowry :

Yes, they should be.

Max Lowry :

If they cannot, then query whether there are any at all! Then, if there are no sustainable complaints etc., there would be no ground to refuse the renewal.

JACUSTOMER-tgxxltgf- :

How do i get him to do so as all attempts to contact him have been ignored?

Max Lowry :

You need to threaten him with an application to the Court for specific performance of the franchise agreement - in other words, ask the Court to force him to renew the agreement or declare that it has been renewed by you doing everything you needed to have done.

Max Lowry :

If he fails to respond then, I would suggest you get a solicitor involved and get them to write to him. Most franchisors will reply once solicitors are instructed, as they don't usually like to end up in costly court battles.

Max Lowry :

And if he refuses to give details of complaints etc., then you can ask the Court to order disclosure under Rule 31.16, pre-action disclosure, which it is likely to do in the circumstances.

Max Lowry :

I hope this answers your question. If you need further information, just let me know. Please do remember to rate my answer as highly as you can.

Max Lowry :

Does this answer your question?

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions