Obtain advice from your accountant and lawyer before selling your franchise to make sure you understand your obligations.
Selling a franchise is different to selling a ‘standard’ business.
Your franchisor will have an established process for selling a business within the franchise. This should be in your franchise agreement and operations manual.
Although it will restrict what you can do, the process will also make the sale easier by providing clear steps to follow.
Tip
It is a good idea to discuss the sale of your business with the franchisor and other franchisees as they could have useful advice or want to buy it themselves.
Franchise agreement obligations
The obligations for the sale will vary by franchise. Check with your franchisor for specific requirements, these could include:
- the franchisor having first right to purchase the business
- the franchisor interviewing the potential buyer
- the potential buyer having to be approved by the franchisor
- an assignment fee
- the cost of training the new buyer
- transfer of business registrations to the new owner or back to the franchisor
- returning operations manuals and documentation to the franchisor
- surrendering client lists, domain names, email addresses, and business phone numbers
- restrictions preventing you from trading as a competitor or using the franchisor’s intellectual property after you have sold the business.
Visit the Australian Competition and Consumer Commission website for more information on ending a franchise agreement.
Complying with the Franchise Code of Conduct
Under the franchise code the franchisor is required to provide a disclosure document to the potential buyer. As a gesture of goodwill it is a good idea for you to provide a copy to the potential buyer.
