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'Pipeline' Franchise Sales and Redisclosure

By David J. Kaufmann
July 02, 2014

“Pipeline” franchise sales are sales of franchises to franchisees who received a now (or soon to be) superseded Franchise Disclosure Document (FDD) but who have not yet signed a binding agreement with, or paid any money to, the franchisor. This article addresses these sales and what steps a franchisor must take with respect to franchisees in the pipeline once the franchisor has issued a new successor FDD (such as happens every year at franchise registration renewal time).

We need to divide how to handle such pipeline franchise sales into two categories: those states featuring no franchise registration/disclosure laws of their own and in which, as a consequence, only the FTC Franchise Rule applies (the FTC states); and those states featuring franchise registration/disclosure laws.

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