PURCHASING A TEXAS FRANCHISE OR COMPANY ALREADY IN BUSINESS From:Murray & Lobb

Since only about twenty percent (20%) of new businesses survive past their first year, many savvy entrepreneurs prefer to buy a company or franchise that’s already up and running. That often proves wise – if the purchaser is willing to complete all the necessary research to make sure the current signs of financial success aren’t threatened by factors that no one is willing to disclose.
To make sure you handle all crucial due diligence inquiries properly, consider asking your experienced Houston business lawyers for the help and insights they can readily offer as you explore all the possible investment risks.
Once you’ve carefully answered the following questions — and analyzed the various concerns mentioned — you should be better prepared to decide whether to purchase a specific business or franchise.
Important business questions to answer – and key concerns to evaluate

1. Is the product or service a good match for your interests and experience? People are often most successful when they feel passionate about the business they’re running. Should you be entering a field that’s unfamiliar to you, be prepared to hire different consultants as needed. Of course, if you’re buying into a franchise, the corporate headquarters will usually offer valuable training and products to help you;
2. Why is the business for sale now? Is the current owner truly planning to retire or move closer to family across the country? Ask the current owner very direct questions. If you’re trying to buy a franchise, you’ll need to obtain a copy of the Franchise Disclosure Document. (This was formerly known as the Uniform Franchise Offering Circular or UFOC). It will fully inform you about a franchise’s financial, legal and personnel history;
3. What business location is best for you? Be sure to ask the current owner to provide you with a breakdown of the business’ most regular customers. Are they residents of nearby neighborhoods — or simply commuters who work in the area? What types of seasonal downturns, if any, should you expect in business profits? Be ready to purchase zip code-based demographic reports that can provide you with information about your current customer base. There are also different types of geographic-information-system software programs that can help you evaluate consumer trends tied to local neighborhoods and the most recent census. (Always be sure your business location can offer adequate parking);
4. Do you have adequate financial knowledge and good funding sources for your purchase? Be sure to have your Houston attorney review all the general business or franchise contracts tendered to you. Only work with a trustworthy financial consultant who can help you review each company’s current operating expenses. Also, obtain the help of a qualified lender you’ve dealt with in the past – or someone who comes highly recommended by business contacts you’ve known for years;
5. Determine if you’re personally willing to take a “hands-on” approach to running the franchise or business. Be prepared to pay good wages to any managers you must hire. Good ones can “make or break” a successful franchise – or any other type of business. Be sure to tell any impressive managers and employees you meet that you may keep many current staff members on in the future – once you’ve reviewed all employee files;
6. Be sure to personally observe the current quality of customer service.Ask about the specific training that helped produce the successful parts of it. Be prepared to provide an employee orientation and training program that honestly promises good wages and job benefits so employees will know how important they are to you;
7. Network with similar local business owners and managers in the area.If necessary, consider taking one or more of them to lunch or dinner so you can pose insightful questions about their most difficult daily challenges doing business in the area;
8. Find out what types of marketing plans are currently in place and if you can expect any corporate support in this regard. If you aren’t buying a franchise, contact the nearest small business administration (SBA) office to see what types of marketing and business planning programs they can offer to you;
9. Plan on developing some type of regular community “presence” that can benefit everyone. This may take the form of financially sponsoring one or two local children’s sports teams. When you pay for the equipment and help secure uniforms – often emblazoned with your company name or logo — everyone will likely benefit;
10. After you’ve completed all due diligence inquiries, visit pertinent local government offices. Check to see what types of new building permits have been issued – and find out if any new zoning changes will soon be enforced that could negatively affect the business you’re hoping to purchase.

Finally, read all you can about what has helped so many successful businesses and franchises remain profitable over recent decades. The more you learn about each of these companies, the more likely you’ll be to succeed in running your own franchise or new company.
At Murray Lobb, we’re always ready to help clients who may soon buy an operating business or franchise. We can guide you through all the detailed due diligence inquiries – and draft all the contracts and other documents you’ll need.

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  Murray Lobb Attorneys
  700 Gemini, Suite 115
  Houston, Texas 77058