Interview Franchise+ – mrs. J. Sterk and AW Dolphijn – “Reversal burden of proof in forecasts honored by court”
The new Acquisition Fraud Act indeed appears to be relevant for the franchise industry, according to this article from Franchise+. Alex Dolphijn of Ludwig & Van Dam represents a franchisee in legal proceedings in which the franchisor has been convicted for the first time under the Acquisition Fraud Act. The court states that the franchisor must be able to demonstrate afterwards that the prognosis is correct. The position of franchisees has been greatly strengthened by this ruling. To be able to prove that a franchisor has its affairs in order, the franchisor must come from a good family, explain franchise attorneys Jeroen Sterk and Alex Dolphijn of Ludwig & Van Dam.
![232court-min](https://www.ludwigvandam.nl/wp-content/uploads/2020/12/232court-min.jpg)
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Look before you leap
Franchising has enjoyed increasing interest in recent years.
Dispute settlements
Various dispute settlements circulate in the franchise practice.
Transfer Arrangements in Master Franchise Agreements
Master franchise agreements are generally long-term: 20 or 25 years is no exception.
Consultation: forms and possibilities
In practice, consultation between the franchisor and the franchisee often takes place through a franchise council.
New rental law
On August 1, 2003, the new rental legislation came into effect.
Clarity regarding financial obligations of franchisees
Franchisees generally have various long-term financial obligations towards the franchisor.