I took out a franchise 4 years ago after looking a series of ads which showed several stores have been sold and that I need to act quickly to secure this new restaurant business. I found out later on that many of the stores were in fact not sold and it was just a ploy to get me in. The ads also advertised that 'No experience is necessary' when in fact I found out that you need a lot of experience to run a big 200 seat restaurant. The ads also clearly stated that 'No chefs required' when in fact qualified chefs are required to run the kitchen and also to get an apprentice chef, cook or even a kitchen hand. When I questioned the mater franchisee about this he just said he had no problems at all with his ads. Can ads like that be classified as misleading and is there any recourse for the victims? I have brought the matter up with the ACCC but they are of the view that because the ads only affect a very tiny segment of the community (meaning me and a couple of others) they are not willing to take any action due to 'financial consideration'. What do you think?
I have brought the matter up with the ACCC but they are reluctantly to pursue the matter due to budget constraint and because it only affect a tiny portion of the community. I have spoken to a lawyer about this but he won't commit himslef unless I can prove that I got enough money in my bank account to take the case.
The master franchisee took control of the business after I was late in paying them the 10% service fee because the business was losing money. They had been runing the business for close to 3 years in spite of the business being insolvent and had accumulated a lot of ATO debt. I have tried to sell the business as advised by them but could not get any buyer because it is a fanchise and also the figures are bad. Now I am facing the prospect of losing my house and facing liquidation. Even without the ATO debt I have lost close to $800,000.00. Are there lawyers who are willing to take up my case on a no win no fee basis? I am desperate and I don't have much money on me.
Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.
At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.
I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.
If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.
I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).