Bakersfield, CA asked in Business Formation for California

Q: Is it possible to negotiate out of a franchise agreement - I already put money down, but can't pay the rest.

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1 Lawyer Answer
N. Munro Merrick
N. Munro Merrick
Answered
  • Del Mar, CA
  • Licensed in California

A: Basic fact: You can negotiate anything! Your franchise agreement probably has a provision for early termination, including probably a liquidated damages clause. That would require you to make a payment to get out of the deal, depending on you are in the process. A liquidated damages clause ins based on the assumption that the money damages are hard to calculate, and that they discussed that clause with you before you signed. I think you will need a lawyer to examine the franchise agreement.

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