Can a franchise owner make a franchise take down their sign from a leased building down?

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Can a franchise owner make a franchise take down their sign from a leased building down?

I took over a franchise from a previous owner and I did not sign a franchise contract. Now that the business is closed. It was in a leased strip mall. The franchise owner is now taking me to court to have the sign removed from the outside of the building. The sign was there when I bought the business.

Asked on August 28, 2012 under Real Estate Law, Indiana

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You did not sign a franchise contract so the official franchisee is the previous owner. You need a lawyer to write back to him or his attorney and explain that he actually breached the franchise agreement he had with the franchisor and he needs to spend the money to take down the sign.  Please remember, this contract was truly never enforceable to begin with and you should always go through the franchisor for such a business venture.


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