Can a franchise owner make a franchise take down their sign from a leased building down?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a franchise owner make a franchise take down their sign from a leased building down?
I took over a franchise from a previous owner and I did not sign a franchise contract. Now that the business is closed. It was in a leased strip mall. The franchise owner is now taking me to court to have the sign removed from the outside of the building. The sign was there when I bought the business.
Asked on August 28, 2012 under Real Estate Law, Indiana
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You did not sign a franchise contract so the official franchisee is the previous owner. You need a lawyer to write back to him or his attorney and explain that he actually breached the franchise agreement he had with the franchisor and he needs to spend the money to take down the sign. Please remember, this contract was truly never enforceable to begin with and you should always go through the franchisor for such a business venture.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.