Thursday 12 September 2019

'Walk away': ACCC finds franchisors failing to outline rent, wages


I've been thinking about the legal position of the former franchisee if a prospective franchisee approaches them to ask for what could be considered business and financial advice about a franchise system. Could the former franchisee be liable for their advice, even if given gratuitously? I think that is a definite possibility, which then raises the question of whether former franchisees should refuse to provide any assistance unless they get some form of waiver from the prospective franchisee. I am also wondering whether the ACCC is effectively encouraging franchisors to transfer risk from themselves to former franchisees. The ACCC needs to think through these legal issues before encouraging prospective franchisees to approach former franchisees for business advice.

https://www.smh.com.au/business/small-business/walk-away-accc-finds-franchisors-failing-to-outline-rent-wages-20190827-p52l3q.html

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