What Forms Do I Need to Sell My Franchise?
Full Question:
Answer:
In a contract, the parties may specify the law that will apply in the event of a dispute. Venue is the legally proper or most convenient place where a particular case should be filed or handled. Every state has rules determining the proper venue for different types of lawsuits. Normally, the venue in a criminal case is the judicial district or county where the crime was committed. The state, county or district in which a lawsuit is filed or a hearing or trial in that action is conducted is called the forum. For various reasons either party to a lawsuit or prosecution may move (ask) for a change of venue, which is up to the discretion of a judge in the court where the case or prosecution was originally filed. Reasons for such a request may include a clause in a contract stating that any action must be brought in a certain other venue, or pretrial publicity may be claimed to have tainted the potential jurors in that venue from rendering an impartial judgment.
It is often advantageous to have the assistance of an attorney in preparing or reviewing important legal documents when large dollar amounts are involved or the potential for future litigation is significant. I also suggest reviewing the franchise agreement with the franchisor regarding your rights and obligations in transferring the franchise, as well as those of the franchisor.