For the first time franchise or business purchaser due diligence is critical. Although the term due diligence may sound odd or out of place, it simply refers to the pre-purchase/pre-investment investigation that you undertake before signing a franchise agreement or business purchase agreement. In his article “What is Due Diligence in Business Acquisitions,” Ney Grant provides an excellent overview of this process. In my book, I describe a purchasers due diligence obligations, as follows:
“A prospective purchaser must approach due diligence as a constant and continuing information gathering and evaluation process respecting each and every aspect of the prospective business and the business purchase transaction.”
As the prospective purchaser of a franchise due diligence investigation should not be viewed as a mere formality but rather an important life line standing between you and the possibility of making a bad decision. Keep in mind that that a good decision and a good due diligence evaluation may lead you to the conclusion that the franchise that you believed to be perfect and a great opportunity may not be right for you. Unfortunately the decision is not an easy one to make and, as a franchise lawyer, I advise my clients that you must check your emotion at the door and be prepared, if necessary, to walk away from a deal. From my clients perspective sometimes the best deals are the ones that never happen.
As a future entrepreneur there will be many opportunities available to you – take your time and make sure that you select the one that fits you and offers you an opportunity for success.