The Internicola Law Firm, P.C.

When a Franchise Breach is Incurable

Sometimes the breach of a franchise agreement will lead to the termination of a franchise. If a franchisor initiates termination proceedings, they are required by law to abide by certain termination procedures. Two of these procedures are to provide notice of termination to the franchisee, and to allow the franchisee a certain amount of time to fix the problem.

In some cases, a breach may be incurable. Then a state court may determine how the termination will proceed. In a case where a breach cannot be cured within the required amount of time, a court may issue an injunction to prevent the termination of a franchise. This will allow the franchisee more time to rectify the situation.

If a franchisee has caused significant harm to a franchisor's business or good will, a court may determine that a termination is effective immediately. In this case, the franchisee will not have any time to rectify the problem, and the franchise will be terminated immediately upon notice of termination.

If you have discovered good cause for the termination of a franchise in New York, you have to comply with certain procedural requirements for termination. To meet these procedural requirements, you can get the professional help of a New York franchise lawyer. 

Contacting a New York Franchise Lawyer

If you are an entrepreneur who is interested in franchising your business there is a lot you need to know, including the significance of evaluating your trademark and how to approach the preparation of your Franchise Disclosure Document. For a limited time, get New York franchise lawyer Charles N. Internicola, Esq's franchise law report to determine whether your business is right for franchising. Contact us today at 1-800-976-4904 for more information about Mr. Internicola's franchise law services in New York and how he assists entrepreneurs franchise their business nationwide.