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This answer was rated:

my franchisor is running me out of business by posing as a

private company that is coming...
my franchisor is running me out of business by posing as a private company that is coming into dfw market and buying up all territories around me and i cant afford a retainer any advice on how to proceed
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Answered in 1 minute by:
3/3/2013
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
Verified
Thank you for the post, I am happy to assist you by answering your questions. Is the franchisor breaching your franchise agreement by posing as a private company and competing with you?
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Customer reply replied 4 years ago

it doesnt state specifically anywhere but this is a new thing they have done and i cannot compete against them I am at the end of my term and they are forcing me out and sweeping up all the territories

ok, when does your franchise agreement expire?
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Customer reply replied 4 years ago


march 26

Customer reply replied 4 years ago


march 26 2013


 

thank you, XXXXX XXXXX franchise agreement contain a noncompete that restricts the franchisor from allowing other franchisees to operate within your market (i.e. each franchisee has exclusivity in a market or geographic location).
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Customer reply replied 4 years ago


the territories are avalible for purchase,and the new company coming in is eks management llc(company profile indicates that eks is headed up but jason sayers who is also the president of the Filta group(the franchisor). They are lying to me and acting like a outside company is coming in to sweep up the market when it is actually filta. how do i compete with the franchisor. i dont see any language in the ufoc about them becoming the franchisee themselves. This has never happened before in any market it is a new angle they are taking to run me out and project a false image to the network that they are attracting big business now

Thank you, XXXXX XXXXX franchise agreement contain an automatic renewal clause? If yes, what is required of them to not renew?
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Customer reply replied 4 years ago


First they said they would not renew for various frivolous reasons when i contested they agreed to renewal but put short and dificult time frames in place. they were advertising in this market back in dec 2012 to be ready to go in this market on March 26. i think this case is to complex to figure out one question at a time so lets focus on how i can obtain local legal help if i dont have a $2000-$5000 retainer fee

Very well, in what county are you located, and how much can you afford to pay in legal fees?
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Customer reply replied 4 years ago

I am in fort worth texas and i feel i have a strong case i have $1000 for up front and will have more as we continue,im looking to have this reviewed and consouled on where to go from here

ok, you should contact the Tarrant County Bar Association at(NNN) NNN-NNNN(from 8:30 to 4:30, weekdays) to request a referral to a small business litigation attorney whom has experience with franchisor/franchise disputes. Be sure to explain of your financial considerations as this will limit the pool of attorneys to refer you to. I want to make sure your questions are answered. If this does not answer your questions or if you have any follow up questions, please let me know. If I have answered your questions to the extent possible at this time, please positively rate my answers.
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Customer reply replied 4 years ago


thanks I really havent got any questions answered here due to complexity of case it is just to difficult to express over email

ok, is it your position then that you posted questions that you now believe too complex for email exchange? I ask because I want to do everything I can to answer your questions, but after having dedicated time to your questions if you believe this is not the best platform to address them, to respectfully XXXXX XXXXX my answers (i.e. it would not really be fair to pose questions online that cannot be answered online, then rate my service negatively when responses were received in a timely fashion and to the extent they can be answered to your satisfaction online).
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
Verified
MShore Law and 87 other Business Law Specialists are ready to help you
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MShore Law
MShore Law
MShore Law, Attorney
Category: Business Law
Satisfied Customers: 25,285
25,285 Satisfied Customers
Experience: Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

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