Franchises Attorney in New York, New York

How do you assist franchisors and franchisees with real estate leases and purchases?

New York, NY franchise law attorney Richard L. Rosen shares how he assists franchisors and franchisees with real estate leases and purchases.

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uh if we’re representing the franchisee

uh and they are usually the usually not

always but usually the party that’s

actually entering into the lease so we

want to make sure obviously we review

the lease from a general landlord-tenant


view we’re very knowledgeable in real

estate we’ve we’ve written uh for

real estate uh

in several franchise international

publications so we’re very aware of the

real estate issues but there are some

specific issues we want to make sure are

in there that if the franchisee

wants to sell its franchise and if

they’re selling to somebody who’s within

the system we’d like to provide that the

landlord agrees in advance that if it’s

another franchisee in the system

approved by the franchisor that we don’t

have to go through a negotiation with

the france with the landlord to get

their consent there’s a consent that’s

already in the agreement if we’re

representing the franchisor of course

the franchisor

is going to be

potentially bound by the franchisees

lease but we also want to make sure that

the franchisor has other rights that if

there’s a default that they’re notified

and they have a right to cure if there’s

a default in the franchise agreement

that the franchisor can step in and take

over the lease and also if the

franchisee is not operating let’s say up

to par

the franchisor may want to have what we

call step in rights and so we want to

make sure that the landlord agrees that

the franchisor can can do that without

having to take over the lease unless

unless it chooses to

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