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Posted on 8/6/2010
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Franchisee Services
Buying and Operating a Franchise in New Jersey: The New Jersey Franchise Practices Act
If you operate a franchise in the State of New Jersey or are considering the purchase of a franchise in New Jersey the New Jersey Franchise Practices Act (NJFPA) affords you additional rights that you might not be aware of. The New Jersey Franchise Practices act was established to provide supplemental rights to franchisees in situations involving the termination and sale of their franchise.In particular, among the various protections afforded to new Jersey franchisees, the NJFPA restricts a franchisors ability to terminate a franchise relationship. Irrespective of the contractual terms of the franchise agreement, in the State of New Jersey a franchise relationship may not be terminated unless:
- (a) it is for "good cause" - such as a franchisees substantial failure to perform its contractual obligations; and
- (b) the franchisee is provided with at least 60 days prior notice by the franchisor of the franchisor's intent to terminate the franchise relationship or refuse the renewal of such relationship. Said notice must also set forth the reasons for the franchisor's decision.
As such, the NJFPA provides supplemental protections to New Jersey franchisees and imposes additional obligations on a franchisor. If you are considering the purchase of a franchise or facing the termination of your franchise rights you must discuss with your franchise lawyer the protections that may be available to you. If you are a franchisor considering the sale of a franchise in the State of New Jersey, you must insure that your franchise agreement and FDD are consistent with your obligations under the NJFPA.
Charles N. Internicola is a franchise lawyer who represents individual and established franchisees throughout the United States, in all fifty states, including New York and New Jersey. Charles is the author of "An Entrepreneurs Guide to Purchasing a Business or Franchise" and the editor of the "Franchise Law Blog". If you a buying a franchise, it is important that you obtain an independent evaluation of your franchise agreement and FDD from an experienced franchise lawyer. Contact Charles Internicola to discuss the services that he offers to protect franchisees before you sign any agreements.
If you are considering the purchase of a franchise or business, for a limited time you may receive a complementary no obligation copy of Mr. Internicola's book, "An Entrepreneurs Guide to Purchasing a Business or Franchise" where you will find helpful information and facts.
IMPORTANT DISCLAIMER: The information contained on this website is provided for general educational purposes only, should not be relied on as legal advice and does not serve to create an attorney client relationship. In utilizing this website you acknowledge that there is no attorney client relationship between you and Charles N. Internicola, Esq. and that the information contained on this site does not and cannot serve as a replacement for the competent legal advice of a licensed attorney in your state. The content of this website is subject to the Copyright of its author, Charles N. Internicola, Esq.
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Franchisee Services:
- What is an FDD (Franchise Disclosure Document)?
- What is a Franchise Agreement?
- What is the Purpose of an FDD (Franchise Disclosure Document)?