Franchise Laws (Part A)

Before buying a franchise in New York, you should become familiar with the laws involved with launching and operating a franchise business. These laws are meant to protect you as an investor in your new business venture.

Also known as franchise disclosure laws, these franchise laws give franchise purchasers certain legal rights, including the right to bring a lawsuit against an unlawful franchisor.

If you have questions about starting a franchise in New York, or if you need to file a lawsuit related to your business dealings, you can get the professional help of a Manhattan franchise lawyer.

Requirements of Franchise Laws

As a franchisee, the most important franchise law is that which requires pre-sale disclosures. These disclosures will be presented to you in a Franchise Disclosure Document (FDD), which will give you financial information about the company that you may invest in. When starting a franchise in New York, these disclosures will provide information such as the franchisor's:

  • Annual balance sheet for the 2 most recent fiscal years;
  • Statement of operations for the 3 most recent fiscal years;
  • Statement of stockholders' equity for the 3 most recent fiscal years;
  • Statement of cash flow for the 3 most recent fiscal years; and
  • History of bankruptcies and/or lawsuits if any have occurred.


In fact, New York prohibits the sale of franchises until an FDD has been filed on public record and registered by a designated state agency.

Receiving and Signing the FDD

Before receiving the FDD, you are permitted to have an initial meeting with a potential franchisor. However, if things progress, you must be provided with an FDD at least 14 calendar days before signing a contract. When you receive your FDD, you should have your Manhattan franchise lawyer look over the disclosures. A Manhattan franchise lawyer with a background in reviewing FDDs can help you avoid the missteps of starting a franchise in New York.

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