By Talk to a Lawyer · Published 19 September 2026 · 4 minute read
A franchise enquiry should identify your role and the stage of the relationship: considering a franchise, renewing, transferring, operating or exiting. A brand presentation is not the same as the agreement and disclosure material. Ask for advice that considers the documents together and the practical commitments you would take on, including fees, premises, equipment and operating requirements.
Read. Prepare. Find an office.
Use this guide to organise your questions, then confirm the provider’s experience, availability and first-stage fee.
Find franchising providers →Check the agreement against the operating model
Describe how revenue is earned, the fees proposed and the support you expect. Identify restrictions on suppliers, territory, marketing, systems and sale of the business that you want explained. Give the adviser the complete agreement and disclosure material, not just a promotional summary. Questions about profitability also need appropriate financial advice; legal review does not verify forecasts automatically.
Make timing and document history visible
Record when documents arrived, what you have signed and whether the arrangement is new, renewed, extended or transferred. The ACCC explains the current Franchising Code and changes affecting different arrangements. Ask which rules apply to your transaction rather than relying on a checklist prepared for an older agreement. Highlight any request to sign or pay before your review is complete.
Discuss disputes and exit as well as entry
If already operating, identify the event that concerns you: a fee dispute, required expenditure, alleged breach or difficulty selling. Ask the lawyer to assess the agreement, correspondence and available processes. Clarify whether the first service includes negotiation or only advice. Keep a record of operational effects so the discussion goes beyond disputed wording to the business consequences.
Compare the franchise system with your operating assumptions
Prepare a realistic picture of how you expect to operate: territory, products, suppliers, marketing, staffing and exit plans. Then identify which choices the proposed franchise documents reserve to the franchisor. A franchise adviser can explain the agreement and applicable disclosure framework, while an accountant assesses the numbers. Ask about renewal, sale and termination scenarios as carefully as entry costs. The fact that the same documents are used across a network does not mean they fit your commercial circumstances or remove the need to understand ongoing commitments.
Compare the scope and cost of advice
Compare advisers against the commercial decision you need to make. Give each office the same transaction stage, documents and objective, then ask for a first-stage deliverable. A review, a negotiation and ongoing business advice are different services. Record which financial assumptions need your accountant's input and who will coordinate any specialist work before a commitment is made.
- Review and advice
- Ask for the issues identified, their practical effect and the decisions you must make. Confirm whether written advice or a marked-up document is included.
- Drafting and negotiation
- Ask who communicates with the other party, how revisions are priced and what happens if the deal changes materially during the work.
- Completion or implementation
- Confirm responsibility for approvals, signing, records and follow-up tasks. Ask which registrations, searches or external professional costs sit outside the legal fee.
Read the guide to consultation fees and written quotes, or use the provider comparison worksheet.
Illustrative situation · not a client result
What a focused enquiry looks like
An operator is asked to approve a refurbishment while negotiating renewal. They provide both sets of documents and ask how the obligations and timing interact, instead of treating the refurbishment request as a stand-alone invoice.
Your preparation checklist
Gather what you already have. Mark missing records and uncertain dates rather than guessing; ask the office what it needs before sending sensitive documents.
0 of 4 gathered · ticks reset when you leave this page.
A preparation aid, not confirmation that a legal requirement is complete.
A first enquiry you can adapt
I am considering [joining, renewing or leaving] a franchise. I have the agreement and [disclosure materials], with a proposed decision date of [date]. Can you review the ongoing obligations and exit terms, and explain which commercial assumptions need separate financial checking?
Replace the bracketed details with accurate information. Keep the first message brief and confirm a secure channel for the full records.
Common questions about franchising
Is franchise review the same as buying any business?
Ask for experience with franchising and the relevant code, as well as associated leases, finance and business-sale issues.
Will the ACCC resolve my individual dispute?
The ACCC explains that it does not resolve individual franchising disputes. Ask an adviser about an appropriate pathway for your circumstances.
Further reading and scope
ACCC: Franchising Code of Conduct
Australia; current franchising framework and guidance.
This is general preparation information, not an assessment of your legal position. Requirements, dates and available remedies depend on the facts and jurisdiction. The linked resource has the scope described above; it does not verify an individual provider or this guide.