Rosen Karol Salis, PLLCRosen Karol Salis, PLLC2026-05-31T16:04:09Zhttps://www.richardrosenlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1404501/2026/05/cropped-rosenSiteIcon-32x32.pngOn Behalf of Rosen Karol Salis, PLLC<![CDATA[Franchise Disclosure Document (FDD) in simple terms: what New York buyers must know]]>https://www.richardrosenlaw.com/?p=472132026-05-26T17:04:28Z2026-05-26T17:04:28ZNew York Franchise Sales Act, a franchisor must register their FDD with the state before offering any location for sale. This document contains 23 distinct disclosures, but specific sections carry disproportionate weight regarding your long-term legal risk.
The core financial and legal disclosures
Navigating an FDD requires a systematic approach to uncover hidden operational liabilities before signing a binding contract.
Item 3 (litigation history): The franchisor must list past and pending material lawsuits involving their executive team. Look for recurring patterns where current operators allege fraud or misrepresentation, which signals systemic corporate mismanagement
Item 7 (estimated initial investment): This section provides a tabular breakdown of the capital required to open the business. Pay close attention to the "additional funds" category, which outlines the cash reserves needed to survive before your business breaks even
Carefully evaluating whether initial franchise fees are non-refundable under Item 7 prevents catastrophic capital loss if local zoning issues stall your launch.
Operational control and performance metrics
The remaining crucial disclosures govern the ongoing restrictions and the economic viability of the entire franchise network.
Item 19 (financial performance representations): This optional section provides historical sales and earnings data of existing outlets. Under New York law, if a franchisor shares these numbers, they must have a reasonable factual basis and state the exact percentage of stores that actually hit those metrics
Item 20 (systemic health metrics): This tracks the franchise system's growth or decline over three years. It lists how many stores were terminated or abandoned, and provides a mandatory contact list of current and recently departed operators
If Item 19 is left completely blank, the franchisor is legally prohibited from making any oral financial projections, forcing you to rely entirely on your own market research.
Mitigating risk under New York law
Reviewing the statutory rules for franchise investments is an indispensable step toward identifying predatory contractual clauses. If you are preparing to acquire a franchise in New York you must methodically verify every corporate restriction and fee structure. Taking an analytically rigorous approach to contract evaluation during your mandatory 14-day review period is the single most effective way to secure your commercial investments and protect your financial autonomy.]]>On Behalf of Rosen Karol Salis, PLLC<![CDATA[Is buying a franchise the right fit?]]>https://www.richardrosenlaw.com/?p=471212024-11-23T17:22:37Z2024-11-23T17:19:00Zseveral advantages that can make the process smoother and more successful. A franchise is a type of business where an individual, known as the franchisee, is granted the rights to operate a business using the name, branding and business model of an established company, the franchisor.
The advantages of a franchise
This business setup offers a variety of benefits. Three of the most common are:
Brand recognition: When you open a franchise, you operate under a brand that is already known and trusted by consumers. This can provide a built-in customer base, which is easier than starting a new, unknown business from scratch.
Proven business model: The franchisor has already worked out the operational kinks, meaning you can avoid many of the mistakes and pitfalls that new businesses face.
Support system: The franchisor’s support can include training, marketing and operational assistance. As a franchisee, you have access to the franchisor's expertise and resources, which can be invaluable, especially if you are new to business ownership. Franchises also usually have a network of other franchisees. This community can offer support, advice, and encouragement, helping you navigate the business's challenges.
Other benefits can be specific to the type of franchise.
Types of franchises
Franchises come in various formats, and understanding the differences can help potential franchisees choose the right fit for their goals and skills. Three common types of franchises are business format franchises, manufacturing franchises, and distribution franchises.
Business franchises are the most common type. In this model, the franchisee adopts the franchisor's entire business model, including its brand, products, services and marketing strategies. Fast-food chains, like McDonald's and Subway, are typical examples of business format franchises. Franchisees receive comprehensive training and ongoing support to maintain the brand's standards and customer experience. This type of franchise is ideal for those who want a turnkey business solution and are willing to follow established guidelines closely.
Manufacturing franchises involve producing goods using the franchisor's brand name and trademark. The franchisee manufactures the products, which are sold directly to consumers or to other businesses. This type of franchise is less common and is usually found in industries like food and beverage production or automotive parts. The franchisor provides the necessary ingredients, technology or formulas for production. Manufacturing franchises suit individuals with experience in production or who prefer working behind the scenes rather than in direct customer service roles.
Distribution Franchises focus on product distribution, where the franchisee is responsible for selling the franchisor's products in a specific territory. These franchises often involve industries like car dealerships or vending machine operations. The franchisee benefits from selling well-known products and receives marketing and sales strategy support. This type of franchise is ideal for those with strong sales skills who enjoy interacting with customers to drive product sales.
Want to learn more?
Starting a franchise offers numerous benefits, but it's wise to make an informed decision before investing the time and money in buying one. A franchise law attorney can be a real asset, helping clients analyze the specific details of the deal and make decisions they won’t later regret.]]>