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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 113507
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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i know its hard to say without reviewing the agreement but

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i know its hard to say without reviewing the agreement but mainly it had to do with the fact that the franchisor breached my terriotory by only 75 feet 14 years ago my contract expired . and i used that to help myself not to have to renew because the contract has a none compete clause . i am friendly with the other franchisee and he feels it would be a waste of money to try to claim the same breach because i opened first and his store came after that . he let me here his conversion withe the ceo of the franchise the franchisee faxed him a measurment that was optained on google maps the franchisor response was if this was about what happened with the other store he explained that my contract expired and i had a measurement done and rather than go thought the legal expense of fighting over 75 feet of a 1.5 mile protection we agreed for me not to renew for a undisclosed amount of money . two weeks later i confirmed that he had that conversion and asked him now that the franchisor techincalley revealed the information and my name was never bought up i felt the information was in the public domain after all its not hard to measure the distance between two addreese he told me what to say if i was asked by anyone he said it was ok to talk about the distance breach but not to disclose the terms of the agreement mainly the money that was exchanged we put that in writting though e mail . one final thing my allagation that there was a distance breach was only part of the background of the case and never really mentioned in the terms of the agreement the franchisor in the agreement did not admit or deny that there was a distance breach . sorry to be so long winded but worse case scerino would be the othe franchisee sues the franchisor which would take time and money says i said something which i would deny i have things in writting then they would try to come after me me i just wonder if you feel this is unlikely
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I understand there was an alleged breach of competitor distance in your franchise agreement of 75 feet, but am I to understand this breach happened 14 years ago?

Also, while I got the facts from above, I am still a bit confused about why you would consider suing since the contract I thought you said above had not expired and you never renewed the contract?

Can you please try to clarify what you stated above and what you are actually asking us? Thank you again.
Customer: replied 3 years ago.

no i am not sueing i was afraid the franchisor would sue me but as i stated all though i mentioned something to the other franchisee the franchisor divulged what happen without my name being bought up . i also confronted my former franchisor just to confirm he had a conversation with the other franchisee once he did i asked what i should say if iwas asked about the distance breach he told me i could say there was a distance breach but not to divulge the terms of the agreement meaning how much i payed to get out . we confirmed this though e mails . this is almost a year ago the other franchisee has not tryed to bring any legal action but if he changes his mind and said i said something he would first have to sue the franchise which would take time and money and after that the franchisor would have to decide if they wanted to try to prove i said something which i deny i feel its unlikely to pursue me because i have something in writting that i feel aments or breaks the orginal agreement

Thank you for your clarification.

At this point, first, it is not up to you to be sued, it would be the franchisor who would be sued, since they violated the distance agreement, not you. As you mentioned, you were the first one there, so you are not liable to the other franchise for any such violation, you could have sued him and the franchisor for the distance violation when this first took place.

It is not only unlikely that you would be sued, there is no legal basis for suing you over this. Any legal liability would be on the franchisor and not on you.



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Customer: replied 3 years ago.

even though i said something maybe i should not have ?

Thank you for your response.

Yes, even though you may have said something you should not have said, that does not remove the fact you were there first, so any distance violation is on the franchisor and you would have had first rights to be there and could not be sued for being there.
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