Franchise Law Overview

Purchase, Financing and Sale of Franchises, Review of Franchise Agreements, Review and Negotiation of Leases, Enforcement of Franchisor and Franchisee Rights. Purchase, Financing and Sale of Restaurants, Preparation and Review of Leases and Ground Leases, and the Transfers of Liquor Licenses.


Investors, Entrepreneurs and other Individuals who are interested in purchasing a Franchise do so for the benefit of being able to sell goods and services that have instant name recognition, with having a business with built-in training and support, and an established business model. But the many potential advantages that a Franchise offers are not a guarantee of success. The experienced Franchise attorneys at Gerstein Grayson Cohen & Melletz know what to look for in a Franchise Agreement, having reviewed Franchise Agreements for all types of Franchises, including but not limited to Restaurant Franchises, Fast Food Franchises, Fitness and Gym Franchises, Franchises for professional businesses such as Real Estate Agencies, and Insurance Agencies. It is essential to know what to look for in a Franchise Agreement because there is no such thing as a “standard Franchise Agreement”.  Each Franchise Agreement contains different terms and conditions.

The Franchise Attorneys at the law firm of Gerstein Grayson Cohen & Melletz represent both buyers and sellers of Franchises, in the acquisition, financing and sale of Franchises, as well with respect to the formation of the entity that will own and operate the Franchise.  We provide advise on the most optimal business entity structure for your particular situation, providing you with the most advantageous tax status while protecting you from personal liability.   We will also guide you with respect to your lease or purchase of the property where the Franchise will conduct its business, and the preparation of Employment Agreements, Vendor Agreements, and Agreements with Customers.

We have specific knowledge of the broad array of needs that the Franchisee encounters and in the event of a dispute between a Franchisor and Franchisee we know the issues and can knowledgably and effectively represent you in obtaining a resolution.

Financing of Franchise

Our many years of experience in advising and representing Franchise clients means that we are able to help Franchises identify key issues and legal solutions for all aspects of the financing of Franchises.

Most financing of Franchises by Franchisees is accomplished through the Small Business Administration (SBA) or through financing sources made available to the Franchisee by the Franchisor.  We have many years of experience in negotiations and closing loans for Franchises through the SBA and Franchise provided referral services.  From providing advice about loan and collateral structure through review of the loan funding and representing you in the closing process, we are able to ensure that you are protected throughout the funding process.

Liquor Licenses

In the State of New Jersey, a Class C Retail Liquor License is issued by the municipality where the business is located,  the application is first approved by the New Jersey Alcohol Beverage Commission (ABC),  it is a lengthy process with much paperwork.  It is important that it is done correctly the first time so as to avoid what can be a long delay in obtaining the approval. The attorneys at the law firm of Gerstein Grayson Cohen & Melletz are able to guide you through this process and assist you with obtaining the liquor license and with renewals and transfers of liquor licenses for restaurants, special events, hotel and other businesses.

For prompt attention to your Franchise Law needs, please complete our contact form.

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