Why Whelan Lawyers for Franchise Sales & Purchases?

​

• Deep expertise in franchising law, Code of Conduct obligations, and multi-party franchise transactions

• Rapid contract reviews and commercial guidance

• Strong risk protection for buyers and sellers

• Price transparency, fixed or scoped fees available

• Direct access to a senior lawyer throughout the transaction

• Seamless collaboration with accountants, financiers, brokers and franchisors

• Complimentary initial call for all franchise-related matters

​

Complete Legal Services for Franchise Sales & Purchases in Melbourne

Franchise business transactions involve more documents, more obligations and more risk than typical business sales.

We cover every legal step, ensuring compliance with the Franchising Code and protecting your commercial position.

​

1. Franchising Code of Conduct Compliance

Every franchise sale or purchase must comply with the Code.

We advise on:

• Disclosure obligations

• Franchise agreements and variations

• Marketing fund rules

• Cooling-off rights

• End-of-term rights and transfer procedures

• Dispute resolution framework

• Good faith obligations

Failure to comply can result in penalties or unenforceable agreements. We ensure the transaction is fully compliant.

​

2. Reviewing & Negotiating Franchise Agreements

The Franchise Agreement is the most important document in the transaction.

We conduct a thorough review and provide clear, practical advice on:

• Term, renewal rights and exit options

• Franchise fees, royalties and marketing levies

• Territory protection

• Scopes and limitations

• Reporting obligations

• Supplier restrictions

• Training requirements

• Default clauses

• Restraint of trade

We negotiate terms that protect your future and minimise risk.

3. Due Diligence for Franchise Buyers

Buying a franchise without proper due diligence can expose buyers to significant financial and operational risks.

​

Our legal due diligence includes:

Franchisor Risks

• Financial health and litigation history

• Franchise system performance

• History of disputes or ACCC involvement

• Transparency and compliance issues

​

Business Risks

• Lease, licensing and premises obligations

• Supplier contracts and approved supplier systems

• Staffing and employment compliance

• Local vs national marketing obligations

• Profitability and sustainability of the specific site

​

Legal & IP Risks

• Intellectual property ownership

• Branding and licensing restrictions

• Website, social media and CRM access

We provide a clear risk profile before you commit.

​

4. Franchise Sale Contracts & Transfer Documentation

Franchise transfers involve multiple interconnected documents.

We draft and review:

• Contract of Sale of Business

• Franchise Agreement (new or assignable)

• Deeds of Consent and Transfer

• Disclosure Documents

• Licence and permit transfers

• PPSR releases

• Lease assignments and landlord consents

• Confidentiality agreements

• Transitional service agreements

We ensure every component aligns so settlement occurs smoothly.

​

5. Franchisor Approvals & Multi-Party Negotiations

Unlike ordinary business sales, franchisors must approve franchise sales and transfers.

We handle all communication and negotiation with:

• The franchisor

• Franchise support office

• Landlords and agents

• Brokers

• Accountants and financiers

Our role is to streamline the process, reduce delays and protect your bargaining position.

​

6. Lease Assignments & Premises Compliance

Most franchise businesses depend on premises control.

We manage:

• Lease assignment applications

• Landlord negotiations

• Retail Leases Act compliance

• Guarantees & indemnities

• Turnover rent obligations

• Maintenance and fit-out responsibilities

We ensure the lease structure supports the franchise model without exposing you to hidden liabilities.

​

7. Employment, Staff Transfers & HR Risks

Franchise systems often have strict employment standards and training requirements.

We advise on:

• Transfer of business rules

• Award and Fair Work compliance

• Casual conversion and contractor arrangements

• Training obligations

• Employment contract transfers

We structure the transaction so you do not inherit unnecessary employment liabilities.

​

8. Intellectual Property & Brand Protection

Legal compliance to maintain control of the brand.

We ensure your rights are secure, including:

• Trademarks

• Business names

• Approved marketing materials

• POS systems and software

• Social media accounts

• Online ordering systems

We make sure all digital and IP assets are correctly transferred or licensed.

​

9. Settlement & Hand-Over Management

We manage the entire settlement process:

• Adjustments and settlement statements

• Release of security interests

• Franchise Agreement execution

• Delivery of manuals, logins and digital assets

• Equipment and stock hand-over

• Compliance checks

• Post-completion obligations

Our goal is a smooth, risk-free transition to the new owner.