How To Research businiess
Just what is a business opportunity? That question has plagued a
great many people trying to decide whether to buy a current independent
business, a franchise, or what we'll refer to in this text as a business
opportunity. To allay the confusion, we offer a simple analogy. Think
back to elementary school when your teacher was explaining the
difference between a rectangle and a square. A square is also a
rectangle, but a rectangle isn't necessarily a square. The same
relationship exists between business opportunities, independent
businesses for sale and franchises. All franchises and independent
businesses for sale are business opportunities, but not all business
opportunities meet the requirement of being a franchise nor are they in
the strictest sense of the word independent businesses for sale. Making matters even more confusing is the fact that 26 states have passed laws defining businees
opportunities and regulating their sales. Often these statutes are
drafted so comprehensively that they include franchises as well. Not
every state with a business opportunity law defines the term in the
same manner. However, most of them use the following general criteria to
define one: 1. A business opportunity
involves the sale or lease of any product, service, equipment, etc. that
will enable the purchaser-licensee to begin a business. 2. The
licensor or seller of a business opportunity declares that it will
secure or assist the buyer in finding a suitable location or provide the
product to the purchaser-licensee. 3. The licensor-seller
guarantees an income greater than or equal to the price the
licensee-buyer pays for the product when it's resold and that there is a
market present for the product or service. 4. The initial fee paid to the seller in order to start the business opportunity must range between $400 and $1,000.5.
The licensor-seller promises to buy back any product purchased by the
licensee-buyer in the event it cannot be sold to the prospective
customers of the business. 6. Any products or services developed by the seller-licensor will be purchased by the licensee-buyer.
7.
The licensor-seller of the business opportunity will supply a sales or
marketing program for the licensee-buyer that many times will include
the use of a trade name or trademark. The laws covering
business opportunity ventures usually exclude the sale of an independent
business by its owner. Rather, they are meant to cover the multiple
sales of distributorships or businesses that do not meet the
requirements of a franchise under the Federal Trade Commission (FTC)
rule passed in 1979. This act defines business offerings in three
formats: package franchises, product franchises and business opportunity
ventures. In order to be a business opportunity venture under the FTC rule, four elements must be present: 1.
The individual who buys a business opportunity, often referred to as a
licensee or franchisee, must distribute or sell goods or services
supplied by the licenser or franchisor. 2. The licensor or franchisor
must help secure a retail outlet or accounts for the goods and services
the licensee is distributing or selling. 3. There must be a cash
transaction between the two parties of at least $500 prior to or within
six months after the licensee or franchisee starts the business venture. 4. All terms and conditions of the relationship between the licensor and the licensee must be stated in writing. You
can readily see that the sale of business opportunities as defined by
the FTC rule is quite different from the sale of an independent
business. When you're dealing with the sale of an independent business,
the buyer has no obligations to the seller. Once the sales transaction
is completed, the buyer can subscribe to any business operations system
he or she prefers. There is no continued relationship required by the
seller. Business opportunity ventures, like franchises, are businesses
in which the seller makes a commitment of continuing involvement with
the buyer.
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