Timely addressing parties in case of problems
What to do if you notice irregularities in your franchise relationship? It’s always a consideration. The forecasts provided by your franchisor prior to signing the franchise agreement cannot be met, and you will experience problems as a result. However, you also value a good relationship with your franchisor. This often also applies to any other trading relationships.
The advice is not to wait. Discuss problems, but also report problems in writing. If there is no solution, don’t wait. If you keep waiting to look for solutions to the problems that have arisen with your franchisor, or if you keep waiting to see whether a solution is actually found or offered, you run undesirable risks.
Not only does the risk exist that your problems will only get worse over time, but you also run the risk of forfeiting rights. If your problems have arisen due to the negligence of another person, then that other person should be informed and given the opportunity to improve, the legal term for this is a ‘default notice’. To demonstrate that this option is indeed offered, it is advisable to record this in writing. If a solution has not been realized or an agreement has not been fulfilled within a set reasonable period, it may be possible to enforce this in court. However, you cannot wait too long for this. There is then a risk that your claim will become time-barred, as a result of which any possibility of obtaining your right through the courts will be forfeited.
Of course you want to keep the relationships good, but that should also be possible without losing your rights, if only because you have always waited. In a good business relationship, written records can work very well. Every franchise relationship benefits from clarity, so that the views of the parties can be clearly assessed in the event of an unexpected assessment of a conflict by the court.
Ludwig & Van Dam franchise attorneys, franchise legal advice
![](https://ludwigvandam.megaconcept.nl/wp-content/uploads/2020/12/232court-min-400x222.jpg)
Other messages
Dissolution due to deviation from recommended prices: unacceptable under competition law
An important statement was recently made with regard to margin management and ditto pricing policy.
If the rental agreement is terminated by the lessor/franchisor, there may be compensation to be paid to the lessee/franchisee by the lessor/franchisor
Lease agreements relating to medium-sized business premises are frequently terminated
The franchise pre-agreement; the pre-contractual phase
It regularly happens that the franchisor and franchisee enter into a franchise pre-agreement
What is specific franchise mediation and when is mediation an option?
It occurs in the best marriages and also in franchise relationships: a difference of opinion arises.
The small print, obligatory for the franchisee?
In many franchise formulas, the franchisee is obliged to use the contacts made by the franchisor
Settling claims between franchisor and franchisee
It seems so obvious. You have a claim against someone who also receives money from you and you speak