Month: August 2010

In the new normal, job seekers must think differently about their employment options, including self-employment, starting or buying a business, or buying a franchise, in addition to traditional job search. Recently I had a very interesting experience putting a former Chemical Industry CEO in contact with an intriguing Business to Business Franchise Concept. I thought it would have been a perfect fit. Unfortunately, it did not go well.
The breadth of options to invest in a franchise business concept is staggering; from Ice Cream Parlors, to Spas, Hotels, and Automobile Dealerships. The upfront investments can range accordingly from low five to high eight figures, depending on the nature of the business. Like buying a home, or any other business, it is a big transaction that most people don’t fully understand. Franchise acquisition is a process with a lot of steps, governed by Federal and State Regulations. Franchisers utilize a Franchise Disclosure Document (FDD) to formally offer and educate you on all aspects of their business. FDDs are similar to a Prospectus given to investors contemplating the purchase of public securities but unlike a Prospectus, FDDs are often not up to date or always accurate. The good news is that a simple Google search will reveal a lot of relevant information to get you started. Better yet, I recommend that you begin by visiting www.franchise.org. This website, sponsored by the International Franchise Association, IFA, provides a wealth of information to help you evaluate options and navigate the process. Additionally, LinkedIn has a number of franchise related groups worth your consideration.
Before getting too deep into the process of evaluating franchise options, I recommend that you take stock of your personal situation, including a personality assessment. You may have the financial resources to buy a franchise, but you also need to assess your risk tolerance. It would be well worth your while to see a professional to help you understand your psychology as it relates to entrepreneurship and managing your own business. Some people are meant to be entrepreneurs, but most are not. You can save yourself a lot of money and headaches if you understand your suitability, for business ownership.
If you want to buy into a franchise you must be prepared to do a lot of research to find an affordable opportunity that fits your goals and aspirations. Understanding the opportunity and the acquisition process early on is vital to a successful outcome. Talking with existing franchisees, visiting multiple locations, and understanding how to achieve success with the franchise is recommended. Due to the nature of the transaction and due-diligence required, the prospective franchisee must consider the value of other professionals for help. Franchise Consultants/Brokers, Financial advisers, Attorneys, and Accountants should be employed to help the prospect.
The franchiser will manage the process, and the expectations of the prospect, including time-frame to closing, financial return, training, life-style, and on-going marketing and operations support. Franchisers want to ensure that the prospective franchisee has a full and realistic picture of their business. You must become confident that the franchiser has a commitment to the success of the franchisee. Fundamentally, this is what you are buying. Larry Bader, a Chief Development Officer candidate advises that; “Failed closings are usually due to a lack of confidence in the executive team.” Understanding the culture and competence of the management team providing stewardship over the franchise brand is an essential part of your due-diligence. As a prospective franchisee, you must be confident that management shares your values, goals, and ethics. You should gain an understanding of the system-wide relationship; are the franchisees generally happy and successful, or pursuing lawsuits against the franchiser. Calls to existing franchisees are a very helpful activity in this connection. The process needs some structure, but it must provide an honest representation about the concept, its viability, and current business climate.
My CEO friend added that, “Franchise attorneys are critical in the due diligence phase of evaluating a franchise. An experienced franchise attorney will recognize FDD’s that are written well and fair. They will advise you about areas you need to discuss/negotiate with the franchiser. Listen to your attorney’s input.” According to Jim Squire, a highly respected franchising professional; “The prospect needs to be careful about the legal adviser they choose. Some things are negotiable, like leases, buildings, and equipment costs, but some things are not. Franchise agreements are generally not negotiable. The agreement is designed to protect the brand.” You are well advised to hire an attorney who has expertise in franchise law.
To summarize, you must have the financial wherewithal and personal characteristics of a successful entrepreneur. You must be comfortable with risk and have confidence in you abilities. You will be expected to be good partner to the franchiser, so you must be a team player too. Extensive research is required to find the right concept for you. Using professionals to help you along the way, like hiring a lawyer who knows franchising and employing franchise brokers among others is another step toward successful franchise acquisition. Speaking with existing franchisees working the brand is highly recommended.
So, what killed my deal? Well, after discussions with representatives from the franchising brand, and the prospective franchisee, I learned that some things went well and some did not. There was clearly a clash of values and styles as the franchiser employed high-pressure sales tactics that did not go over well. Eventually the prospect became comfortable with the opportunity having done his due-diligence correctly and arrived at a clear understanding of the potential sales within his professional network. Furthermore, he chose an attorney well-versed in franchising. This attorney pointed out a number of questionable stipulations which my CEO friend attempted to negotiate. I was told that just prior to the scheduled closing date, the franchiser advised of their refusal to discuss changes to the Franchise Agreement. This was a big surprise to my CEO friend, who decided not to proceed to closing.
The fundamental lesson I learned was to direct people to a franchise broker/consultant as opposed to sending them directly to the franchiser. If I had done that originally, a lot of time and effort would have been saved. Fortunately it was not a costly lesson for any of us, and we are all still friends.