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Could you double check the statute you are referring to as there no FL statute with the designation you refer to. Without the correct citation or a clearer description of what type of business you are talking about, I cannot respond.
I did not see your response until today. If you are selling a franchise that you purchased and your franchisor has filed the notice so that it is exempt from the disclosure requirement, you would not be making any of the promises that the franchisor makes but would be providing the purchaser all the disclosures and representations the franchisor has made. It is only where you are acting as the franchisor and will be providing the assistance etc do you fall within the definition of a business opportunity seller. Make sure your franchisor has filed the necessary notices with the state which are assertions that they are in compliance with FTC requirements.
Thank you for accepting the answer. If you need more information or are not clear on something let me know.
First, it is not a franchise that I am selling, but a business license. There are no royalties paid to the business licensor. The license grants access to the business licensor's proprietary operations, systems and support. When I purchased my license from the business licensor, the licensor had a disclosure as part of the sales agreement and I had three days to review it before signing it.
So, in this case- being a license that I am selling, are you still saying that I needn't be the one providing the disclosure, but that the licensor should?
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