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What FDD Item 19 Disclosure is Required if You Don't Make a Financial Performance Representation?

FDD Item 19 relates to a franchisor's financial performance representations. If your FDD does not include a financial performance representation, then Item 19 must include the following disclosure statement:

We do not make any representation about a franchisee's future financial performance or the past financial performance of company-owned or franchise outlets. We also do not authorize our employees or representatives to make any such representations either orally or in writing. If you are purchasing an existing outlet, however, we may provide you with the actual records of that outlet. If you receive any other financial performance information or projections of your future income, you should report it to the franchisor's management by contacting [name, address and phone number], the Federal Trade Commission, and the appropriate state regulatory agencies.

Charles Internicola

by Charles Internicola
National Business and Franchise Lawyer

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