Hirzel Dreyfuss & Dempsey PLLC

Franchise Lawyers for Franchisees

Your first consultation is with Leon Hirzel himself, in English or in Spanish.
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Your franchise isn’t what you were promised

You put in your savings, your time and, very often, your family’s.

Why franchisees come to us

We represent franchisees against their franchisors in cases across the country, in arbitration and in state and federal court, against systems of every size, from new concepts to national brands.

When several owners in the same system are going through the same thing, we bring them together. We have represented groups of up to 17 franchisees, and owners from ten states in a single case.

We start with what you were told before you signed. We put the FDD, the sales presentations, the numbers you were shown and the emails next to what actually happened. From there we pursue the remedy that fits: getting you out of the agreement, recovering what you invested, or damages, through negotiation first and through arbitration or court when negotiation fails.

Somewhere between the first sales call and opening day, what you were told stopped matching what you bought. It often looks like this:

  • You were shown sales or profit figures, such as a pro forma, another owner’s numbers or “you’ll break even in a few months,” that appear nowhere in Item 19 of the FDD. A franchisor generally may give you earnings figures only if they are in Item 19 (16 C.F.R. § 436.9(c)).
  • The Item 19 averages came from company stores, the best units or a different market, and yours never came close.
  • Closed and struggling units were never mentioned, or were left out of the numbers.
  • The owners you were told to call had nothing but good things to say. Later you learned they were not the whole picture.
  • The build-out and the working capital ran far past what Item 7 estimated.
  • You were told the training and support would carry you, or that the business would practically run itself. Neither happened.

Now, every time you raise a problem, the franchisor gives the same answer: follow the system, spend more on local advertising, take another training.

You are not the only one. Often, other franchisees in the same system are going through the same thing, but they don’t talk to each other.

Many franchisees wait years before they talk to a lawyer. By then they have put in more money and, sometimes, important legal deadlines have already passed.

You have another problem with your franchisor

We handle any dispute between a franchisee and its franchisor.

  • Notices of default and termination
  • Termination or non-renewal of the franchise agreement
  • Lawsuits or arbitrations the franchisor brings against you
  • Demands for royalties, fees or payment under a personal guaranty
  • Refusal to approve the sale or transfer of your franchise
  • A new location opened in or near your territory
  • Misuse of the advertising fund
  • Costly remodel or technology mandates
  • Noncompete clauses after you leave the system
  • Renewing, selling or closing your location

If you received a notice of default or termination, the date on the letter matters: your agreement gives you a deadline to respond. And if the franchisor asks you to sign a release or a termination agreement, don’t sign it until a lawyer has read it.

Worried your franchisor will retaliate if you hire a lawyer?

Many franchisees are. A franchisee association can speak for you without putting your name in front of the franchisor.

Every franchise system should have a truly independent franchisee association: one that represents the interests of all franchisees and gives them a collective voice to negotiate with the franchisor, instead of one owner at a time.

An association is also a way to resolve disputes. The association raises the problem and leads the negotiation, so no individual franchisee has to be identified.

Some states, including California, Illinois and Washington, make it unlawful for a franchisor to restrict its franchisees from joining an association. We help franchisees form independent associations, and we represent them.

You’re about to buy a franchise

Before you sign is when you have the most options: you can negotiate, ask for changes or walk away without losing anything.

Federal law requires the franchisor to give you its FDD (Franchise Disclosure Document) at least 14 calendar days before you sign or pay any money. If the franchisor changes the franchise agreement on its own in a material way, it must give you the revised agreement at least 7 calendar days before you sign (16 C.F.R. § 436.2). A review fits inside that window.

If you would rather go through the documents in Spanish, we explain them in Spanish, clause by clause.

What the review includes

  • The FDD, the franchise agreement and the agreements attached to it, including any personal guaranty.
  • A written summary of what matters most: what you will pay (Items 5, 6 and 7), your territory (Item 12), your rights to renew, sell or leave and where disputes would be decided (Item 17), what the franchisor says about financial performance (Item 19), how many units have opened, closed and changed hands (Item 20) and the franchisor’s financial condition (Item 21).
  • A meeting by phone, video or in person to go through the summary.
  • If you choose, negotiation of changes with the franchisor.

About Leon Hirzel

He knows the business from the inside: before private practice, he worked in the legal department of a fitness franchisor.

Author, “An Analysis of Franchise Agreement Terminations and Nonrenewals for Failure to Meet Minimum Performance Standards,” 37 Franchise Law Journal 123 (American Bar Association, 2017).

One of the few franchise lawyers in the country who speaks Spanish fluently.

Admitted in Florida and in federal courts in Florida, Georgia and Michigan, among others. Member, American Bar Association Forum on Franchising and American Association of Franchisees and Dealers.

Named a Legal Eagle by Franchise Times magazine, 2017. Speaker at Globofran, 2014, on how to evaluate a franchise from a legal point of view.

Book your free consultation

The first consultation is free, and it is with Leon Hirzel directly.

Pick a time that suits you on his calendar, or call (305) 615-1617. To make the most of the consultation, have whatever you can on hand: the FDD, your franchise agreement and its amendments, any sales or earnings figures you were shown before you bought, and important letters or emails with the franchisor.

MiamiBiltmore Hotel, 1200 Anastasia Ave., Suite 240
Coral Gables, Florida 33134

Fort Lauderdale501 East Las Olas Boulevard, Suite 300
Fort Lauderdale, Florida 33301