A potential buyer wants to put together a business plan to get
funding to buy a business for which he/she does not have the cash to
buy. In order to get a loan, they will need a business plan. But any
business plan they put together will be in contradiction to the absolute
franchise business model that the franchisor will reveal after the
actual purchase, we cannot reveal it sooner otherwise it will be copied
and used against our team. I have heard FTC people say that they believe
the potential buyer has a right to the information necessary to put
together some close representation of a business plan of the franchise
they wish to buy to determine if they should buy the business. Whereas
this seems like a good idea on the surface the FTC has put into place
rules making it impossible. They believe that this type of added
disclosure sooner in the buying process will help. Yes it could, but a
franchisor cannot provide the information unless first he can
substantiate it and second unless the potential franchise buyer can
prove he is a real buyer and can afford the franchise. We believe the
answer to this concern lies on the back of the potential buyer to fill
out a questionnaire truthfully and correctly and for the franchisor to
verify data on that application before disseminating any additional
information. At that point our company provides for the potential
franchisee to go work with an actual franchise for one day and bring a
calculator. We can provide a blank spreadsheet with typical expense
categories on it but no numbers. The potential buyer in our franchise
can visit a current franchisee and bring his/her calculator. And of
course the disclosure documents will be provided once the proof of
financial capability has been satisfied somewhere in the application
process time frame.
It also appears from observation that no one really seems to
understand the franchising model outside the actual industry
practitioners, attorneys in franchising and those who own franchises.
The FTC certainly does not see the whole picture. I would invite Steve
Toporoff and/or the entire FTC Franchise Group to go on a paid
sabbatical and work in a franchisor’s sales department sometime and
listen to real franchise buyers ask questions, competitors trying to get
information and the obnoxious looky lou’s. The FTC should also send
four or five of its highest-ranking franchise sector employees to do the
same. I think if that were done you would begin to understand the
ridiculous nature of enacting such a revised disclosure rule and you
might ask yourself why we have a franchise rule in the first place.
But the FTC is not the only organization that does not understand
franchising. I spoke at the SBDC’s Annual Conference in San Diego, CA a
few years back. In the workshop on franchising I had about 50 directors
from around the country from the SBDC bombard me with questions after
giving my talk. I was dumbfounded by the lack of understanding and
knowledge on franchising. Almost to the point of frustration and wanting
to walk out, I was shocked these were the directors of some of the
largest SBDC offices in the country. I carefully worded my answers to
make sure they had understood the issues presented to them. Finally we
made some headway and many stayed afterwards to continue the
conversation because they knew franchising was a major issue with their
clients who come in for counseling usually prior to getting an SBA loan
or putting together a business plan for a franchised business. I got to
thinking about the 550 or so Directors and Executive Management of the
SBDC Annual Conference that were in attendance and wondered why weren’t
all the participants in our workshop? Instead many had gone to time slot
competing workshops as that is generally how such conferences are set
up. But what could be more important than franchising which accounts for
1/3 of every consumer dollar in the country and a huge chuck of the
small businesses in the US. What other business model can claim 350,000
outlets would the SBDC; “Small Business” Development Centers Deal with?
After all franchising is the largest sector in small business, not to
mention accounts for the most efficient small business models.
Executives of the SBDC should have training in franchising as
compulsory.