WHY LICENSE VS FRANCHISE
Many potential business owners are confused between the concepts of a franchise and license.
Franchise Vs. License Agreements
Many potential business owners are confused between the concepts of a franchise and license (a.k.a. business opportunity). A key difference lies in the area of law by which each business type is governed. This legal difference forms the basis for what information needs to be included in each type of agreement.
Franchising is based on securities law while licensing falls under the purview of contract law. In layman’s terms, this means that if a business wishes to expand through franchising, it must register in the appropriate jurisdictions and also incorporate certain information into its franchise agreement. A license agreement is simply a business contract between two parties.
A franchise agreement is a usually lengthy document and covers such area as the cost of the franchise, royalty payments, rights and obligations of franchisor and franchisee, territory rights, training and support, as well as disclosure of financial documents.
A license agreement is typically of shorter length and grants the licensee the right to use, market and sell the product of service of the licensor without penalty. It usually also covers the cost of the license, royalty fees, as well as territory rights. However, there is no obligation for the licensor to disclose its financial information.
Both the franchise and license agreement will stipulate that franchisees and licensees are considered independent contractors and, as such, are not employed by, or in partnership with, the parent company.
The issue of control over day-to-day operations will also likely be covered in both the franchise and license agreement. With a franchise system, the franchisor retains control over general business operations, marketing, as well as how its services or products are delivered to the end user. A licensee is given much more freedom with regard to business operations, marketing and sales. However, most licensors do require that licensees adhere to quality assurance standards
Flat Rate Realty Buyers Receive a 1% Rebate
Sellers Never OverPay 1%
There was a time when it was important to have a huge, highly visible office with many agents, secretaries, loads of office furniture and massive overhead. The Flat Rate Realty office is small and functional with low overhead. With our business model, you can run volume out of a small office with a small staff, and in turn make a nice profit. We believe in spending most of your budget on advertising that will get the phone to ring and NOT on expensive square footage that doesn’t really impress anyone in this new age of technology. About 90% of your business can be done via phone, fax or email. You may find that 9 times out of 10 you go to your customers’ home, office or the local coffee shop to get a signature or do a presentation. The truth is, the high overhead office is part of the old fashioned traditional real estate business model that is outdated and is possibly why you are here reading this now.