Franchise transfer
A franchise transfer is the sale of a franchised business to a new franchisee. Because the franchise agreement is a contract with the franchisor, virtually every one requires the franchisor’s consent — and the franchisor sets the conditions on which that consent is given.
A franchise resale has a third party at the table who is not negotiating price and cannot be worked around. The franchisor decides whether the buyer is acceptable, what they must do to be approved, and what the franchise looks like once they take over.
What franchisors commonly require
- Approval of the buyer, including financial and background screening
- The buyer completing the franchisor’s training program
- A transfer fee, payable to the franchisor
- The buyer signing the current franchise agreement rather than assuming the seller’s older one — which can carry different fees and terms
- Renovation or refresh of the premises to current brand standards, sometimes at significant cost
The right of first refusal
Many franchise agreements give the franchisor a right of first refusal — the option to buy the business themselves on the terms the buyer has offered. A seller can therefore run a full process and still have the franchisor step into the buyer’s place at the end, which is worth knowing before the process starts.
Sources
This definition is checked against primary sources. Links were last confirmed on the dates shown.
- 01Treadstone LawLegal commentaryFranchisor Consent to Transfer
- 02Treadstone LawLegal commentaryFranchise Transfer Fees in Ontario
- 03Treadstone LawLegal commentaryFranchisor Right of First Refusal in Ontario
- 04Treadstone LawLegal commentaryBuying an Existing Franchise Resale in Ontario (Arthur Wishart Act)
- 05Treadstone AssociatesAdvisoryFranchise & Multi-Location Operators
Deavo is an advertising and listings platform, not a brokerage, law firm or valuation firm. This page is general information, not legal, tax, accounting or valuation advice, and rules differ by province. Confirm anything you rely on with a qualified professional before you act on it.