A jumbo mortgages is a home loan that exceeds the limits set by Fannie

Mae and Freddie Mac.

How are jumbo loans different?

What differentiates jumbo mortgage loans is the loan amount. At present, loan amounts that are higher than $417,000 are usually deemed jumbo mortgages. This determination is made by comparing industry standards for average housing loans as governed by the two biggest secondary mortgage lenders, Fannie Mae and Freddie Mac.

Fannie Mae and Freddie Mac set industry standards for ‘conforming loans’; Home loans beyond those maximums are regarded as jumbo mortgages. These two agencies cap the dollar figure for loans that they will buy (that’s where the $417,000 figure comes from). Larger loan amounts are funded by other investors such as banks and insurance companies. Note that the dollar figure set to qualify jumbo mortgages differs by locale, so the limit is higher in Hawaii and Alaska (and in some other states). In the majority of the U.S., jumbo mortgages are those larger than $417K.

Available Terms – 15 Year Fixed, 30 Year Fixed, or Variable 30 Year

Jumbo Mortgage

The terms for jumbo mortgages vary similarly to other types of housing loans. Buyers can choose between variable rates, like 3/1 or 5/1 ARMs, for a 15-30 year jumbo mortgage, or a 15 or 30 year fixed jumbo mortgagerate.

Whether a 15 or 30 year fixed jumbo mortgage or an adjustable rate is best for you will depend on your plans and situation.

A 30 year fixed jumbo mortgage is better for those whole plan to own the home for a very long time. With this type of mortgage, the rate will not go up but it will never go down, either – it stays the same for the life of the loan. This is good because the payment is predictable, and cannot rise sharply if interest rates do. On the downside, the 30 year fixed jumbo mortgage rate is higher since lenders know they can never charge more than the original rate.

The lowest jumbo mortgage rate is usually an adjustable 30 year jumbo mortgage rate. Lenders understand their potential to benefit from increases in rates over time, so they are willing to lend at a lower rate in the beginning. Although, the lower rate won’t last. A variable 30 year jumbo mortgage rate will be fixed for 3 to 5 years, and then will adjust annually according to an index. Even small increases could mean significantly larger monthly mortgage payments.

Going with an adjustable 30 year jumbo mortgage rate works well when a buyer plans to move within the 3 to 5 year fixed period. For a buyer more concerned with smaller initial payments, or who will likely refinance in the near future, the variable 30 year jumbo mortgage rate is better than the 30 year fixed jumbo mortgage. Why pay the higher fixed rate when the buyer knows this isn’t their long-term plan?

All jumbo mortgage products – 15 year, variable 30 year, or the 30 year fixed jumbo mortgage – have their benefits. A trustworthy mortgage lender with experience financing jumbo mortgages is a buyer’s best resource for determining which product is right for them.

Over the past ten years we have seen an explosion in internet advertising as everyone has jumped into using this fantastic new medium for promoting their product or services. A particular area which has had niche but heavy growth has been that of franchise advertising and there are now hundreds of sites across the globe dedicated to bringing franchise opportunities and franchise information to the masses.

Looking at these franchise directory portals we can see a huge variation in the information they have to offer and we can group these into the following.

Franchise directories – These function and serve solely to display franchise opportunities in a directory format and generally display logos and promotional materials in a categorised format.

Franchise information portals – These tend to go one step further than plain directories and also offer advice and articles to a prospective franchise seekers as well as a categorised list of franchises.

Franchise Resource Portals – These have all of the above features and more, offering franchise advice, franchise articles, dates of franchise exhibitions, reviews, categorised franchise opportunities, franchise news and web 2.0 user interaction.

We can look at the above in a staged way where 1 is a skeleton platform, building up to 3 which is a full bells and whistles platform. When looking at these franchise directory platforms one must remember that the main aim of the site owners is to have paying franchisors list their franchise on them, this is where the money comes from and why the site is in existence. So, you must remember that not necessarily all are ethical franchise directories and are happy to take on world + dog to advertise their franchise.

The trick to finding which an ethical directory is, is to look for what is called “Web 2.0″ features. These features would include comment areas under articles, forum areas and general networking areas that you can sign up too. Most franchise directories do not want these features as they know that they will get disgruntled ex-franchisees in there making remarks about the least ethical franchises on their directory but you will find the more ethical directories are happy for people to voice their opinions and happy to boot any less ethical franchises from the directory. Blog areas need to be considered also but in many cases they are there for show and SEO (search engine optimisation) purposes purely to add keyword rich content to the site so if they do have a blog area check for comments on them, if there are none then either the site does not have much traffic or the blog area is still there purely for promotional materials.

In the UK there is only one “ethical” directory and that can be found at The Franchise Shop (see sig below) it offers full web 2.0 services, experts sections and thousands of articles. Making it the UK’s #1 franchise directory. Take a look for yourself to judge what you think, is it just a directory or is is a web 2.0 franchise directory platform?

In recent years in the UK franchising has greatly increased in popularity. In the last year alone the contribution of franchised business to the economy increased by over £5 billion to 12.4 billion. There is no doubt that franchising is now a significant part of the UK economy.

A basic definition of franchising is that it is an agreement where a company sells the rights for another person or group to sell its products or services. However in reality franchising is more complex and there are a number of different types of franchise agreement.

Although every franchise agreement will differ to some extent in general franchising can be divided into five distinct categories -

Manufacturing Franchises

In this type of agreement the franchisor allows the franchisee to manufacture its products and to sell them using its brand and trademarks. This type of arrangement is particularly common in the food and beverage industry. The franchising company receives an initial fee and depending on the agreement may also receive an additional fee for every unit of the product sold.

Business Franchise Ventures

A business franchise venture is an agreement where the franchisee purchases and distributes products for the franchising company. The franchisor typically locates and provides the client base for the franchisee to manage. An example of a business franchise venture is the vending machines that can be found in many public areas and workplaces. The franchisee buys the vending machines, maintains them and takes a share of the machines takings.

Product Franchises

In this type of franchise the franchising company uses the agreement as a method for the distribution of its products. The franchisee is given the right to use the brand name of the franchisor to sell its products. In product franchises the franchisee will pay a franchise fee or may alternatively agree to purchase a minimum amount of stock to sell on.

Business Format Franchises

This is the most complex type of franchise agreement and involves a broader relationship between the franchising company and its franchisees. In this agreement the franchisee’s investment includes the purchase of the operating processes of an existing business including its brands and products. Training and support is also likely to be provided to the franchisees. A common example of business format franchising is.

Part Time Franchises

Not everyone wants to work full time and there are numerous reasons for this, perhaps you are looking for a business to supplement your existing income or perhaps if are busy with childcare or other daily duties that restrict the hours you are available for work. If this is the case then there are literally hundreds of part time franchise opportunities out there to choose from, ranging from vending machine franchise through to internet based franchises. Most part time franchises can be taken full time and it is all about how much time you want to put into the running of them. You could for instance go from working 10 hours per week up to 50 and bring it in line with the pay you would normally expect to receive from full time employment, except of course that you are your own boss!

With many UK franchises to choose from it is best to take a look at several and research each one, for this I recommend using one of the many franchise directories out there to help you narrow down your choice.

There are lots of pizza restaurants around the world. Know which pizza restaurant best suits your tastebuds.

Pizzas are usually made from round and flat bread that is oven baked and normally covered with tomato-based sauces, toppings as well as cheese. These dishes have become famous in different cities, towns and other countries like the US and the United Kingdom.

Listed below is some of the most famous Pizza Restaurants in the US and the UK

United States of America

• New York J and Pizza Restaurant: The New York J and Pizza restaurant offer wide selections of pizza, salads, pasta, subs, steaks, and seafood, as well as chicken and veal dishes. Their pizza is made in strombolis, calzones and the freshest ingredients. It also has beverage bars that offer wine and beer for adults. This pizza restaurant is located at central portion of New York.

• Pizza Inn: This restaurant or inn is located at #3551 Plano Parkway, Texas. This inn has a seating capacity of about 140 up to 190 persons. Moreover, it normally offers additional delivery services as well as “take out”. It also offers sandwiches, deserts, beer, wine and pasta. Their product is also found in airports, convenience stores and college campuses.

• Round Table Pizza Fast Food Restaurant: This unique pizza restaurant offers garden salad sandwiches without the garlic sauce and cheese. On its menu are various garden salad delights for vegetarians. Their parmesan cheese pizza is the most famous dish in this restaurant. This is due to the fact that it is made from animal enzymes. In addition, their product Gourmet Vegetarian Pizza contains natural flavors and eggs only.

• Filippi’s Pizza Escondido, Grotto: This restaurant is known for their traditional Italian menu such as ravioli, spaghetti, salads, lasagna, soups as well as mozzarella and pepperoni pizza. The Filippi’s restaurant is not for franchising. It is located at #114 East Avenue California and it is open from 10:00 AM up to 11:00 PM on weekdays.

• Brick Oven Pizza: This restaurant cooks the pizza directly into the oven, along with garlic butter and topped with long-simmering sauces and cheeses. In their menu are Italian pizzas that come with Italian sauces, seafood-styled pizza-breads, smoked hams and vegetarian pizzas. It is also served with Biersch Gordon beer. Hence, the pizza and sandwiches prices are less than $10 up to $31 dollars. It is situated in Kaumuali Highway 50 California, USA.
United Kingdom

• Olive Grove Restaurant: This restaurant is beautifully designed in high rustic furniture. It offers a variety of Paella pizza, Mediterranean dishes, sandwiches, pasta as well as salmon supreme drinks. This restaurant opens from 11:00 AM and closes at 11:30 PM on weekdays. It is located at #14 Dame Alice Street Bedford, United Kingdom.

• Campana’s Pizza Restorante: This restaurant has various toppings added on their delectable pizza. This would include pesto sauce, common cheese, basil, garlic vegetables, and oregano. Their pizza, pasta, and sandwiches are also found in supermarkets, convenient stores, and grocery stores. Hence, Campana’s Restaurant delivers pizza within the range of their restaurant. Their restaurant is situated at #69 Micklegate Street UK.

• Pizza Point Restaurant: This pizza restaurant has friendly and fast service for their customers. Their menus include Margherita Vegetarian, Hawaiian, Volcano, Marina, Beefeater pizza, and Pizza Point Special. This is for a price of only $7.20 dollars. They allow their customers to watch their staff cook and bake their pizza. It is located at #4 Church Street, Warrenpoint, Maryland, United Kingdom.

• Pizza Magic3 Restaurant: This restaurant always serves pizza with fresh toppings and fresh ingredients. It offers delivery, take out, dine in and catering services. Their restaurant has a top rated Canadian Bacon Pizza, Bison classic pizza, and Garlic shrimp pizza. It is situated at #4353 Central Avenue, Columbia Heights.

• Monsoon Pizza restaurant: This pizza restaurant serves the best Thai pizza and Thai meals ever! The dishes in this restaurant are extremely healthy for it uses fresh ingredients as well as fresh vegetables. This restaurant serves their dishes well and fast. They also provide free delivery as well as catering services. Thus, Monsoon Pizza Restaurant is located at #4 London Road Hindhead, United Kingdom.

Jumbo mortgages are not so different from standard mortgages but there are a few key things that are worth looking in to.

Jumbo Mortgage Loans

A jumbo mortgage loan is a loan taken for property that is high-priced.. In Colorado, as in most of the U.S., a jumbo mortgage loan is any mortgage that exceeds $417,000 – the limit set by Fannie Mae and Freddie Mac for conforming loans.

Fannie Mae and Freddie Mac, the two agencies that buy the majority of real estate mortgages, will not finance loans greater than $417,000 in most states; however Alaska, Hawaii, and a couple others are exceptions. Therefore, the large jumbo mortgage loans are sold to other investments, often banks and insurance companies, and so a jumbo mortgage loan falls into a different category. Rates for a jumbo mortgage are also higher than conforming loans because there is more risk involved.

What This Means for Jumbo Mortgage Interest

The size of a jumbo mortgage loan means there is more to lose. The size, coupled with other factors, results in somewhat higher jumbo mortgage rates than those carried by conforming loans. Since percentage points on jumbo mortgage rages can mean sizable payment differences, buyers should shop around for a good lender when applying for a jumbo mortgage loan in order to find the best rate. Buyers should shop around for a good lender when applying for a jumbo mortgage loan in order to find the best rate.

In truth, jumbo mortgage interest rates are only one thing to consider when shopping for a jumbo mortgage. There are additional fees and closing costs to be considered that could even out the difference in jumbo mortgage rates. Sometimes, the company with the jumbo mortgage rates is actually the cheapest, all things considered.

Also, buyers shopping for good jumbo mortgage interest rates need to consider their goals, plans, and all of their options. Like conforming mortgages, jumbo mortgages are offered in a variety product lines. Buyers have the option of taking out loans with adjustable jumbo mortgage rates with 3 or 5 year locked rates that adjust after that period, or 15 or 30 year fixed jumbo mortgage rates that never change.

Deciding which type of product (variable or fixed jumbo mortgage interest rate) is better for you depends on whether you plan to stay in the home for more than that locked 3-5 year period, or whether you will refinance the loan within 3-5 years anyway.

Buyers should not be scared off from higher jumbo mortgage rates; jumbo mortgage rates are higher only by a quarter of a point or so for well qualified buyers. What’s more, jumbo mortgages are the only option for home buyers in many parts of the country because $417,000 really isn’t that high a price in today’s housing market. As a matter of fact, jumbo mortgage loans are the only type available in many areas. The best way to find a good jumbo mortgage loan is the find a reputable and experienced lender with good rates. A great mortgage lender will take the time to understand your needs so they can help you select an appropriate product.

Trading Your Briefcase For An Ice Cream Scoop

You’re excited about buying a franchise, taking the plunge, ready to trade your briefcase for an ice cream scoop. The company’s told you it’s the opportunity of a lifetime, given an impressive tour of their headquarters and taken you to a couple of their operating outlets. When the day ended, they presented their FDD or Franchise Disclosure Document. The representative told you to read it and the contract couldn’t be signed for at least 14 days. Who do you use and what’s it going to cost to review your FDD?

Using A Lawyer Or An Accountant?
Glancing through the document, the first thing you notice is it’s very dry and technical – just the thing to read if you’re having trouble getting to sleep at night. You notice something in bold print on the cover page about showing it to a lawyer or an accountant. Certainly there’s a big difference between a lawyer and an accountant you note. Why would the government say you could use either one? Since the investment in this franchise is a bit north of $250,000 you wisely decide an attorney makes a lot more sense than an accountant. But lawyers and franchise attorneys are expensive and what kind should you use?

In the above hypothetical the good news is the franchise investor is on track to use an attorney to review the FDD. Franchise Disclosure Documents are complicated, often running into hundreds of pages, with many tables that only reference sections of the complex and verbose franchise contract containing boilerplate that bites. The tables reference these sections, but don’t go into any of the details about the biting process. It’s absolutely essential to use not only an attorney, but a “franchise attorney” to review these FDD’s. The bad news is many franchise investors shy away from paying for independent advice. I consulted with a couple after-the-fact who invested over $1 million in a horrible franchise. Before investing all of their worth in this franchise, they failed to invest even one dollar in a legal or business review-analysis.

Why Use A Franchise Attorney?
Based on my review of over 500 FDD’s, I’ve learned a lot. Perhaps the most important lesson is when it comes to franchise agreements, you don’t get what you deserve or even what’s fair – you get what you negotiate. I’ve noticed a disturbing trend that franchise companies, especially new ones, are including very unfair provisions in their franchise contracts. As long as the applicable contract sections are disclosed in the relevant tables contained in the FDD, they’ve fulfilled their legal disclosure obligations. But, if you don’t see these flashing red lights and sign up, you’ll be up the proverbial creek without a paddle.

That’s a franchise attorney’s function – to see the flashing red lights that you don’t even notice. Don’t forget, a franchise is a long term legal and financial commitment – usually 10 to 20 years minimum. There’s the franchise contract and the commercial real estate lease, the initial investment of hundreds of thousands of dollars AND the cash reserves needed to hopefully reach the break even point – which can be years down the road in many cases. It’s suicidal to spend what often amounts to a significant amount of one’s net worth, and taping into the rest over a 10 to 20 year period without seeing what you’re jumping into. Look before you leap into a big, dark hole.

Cost To Use A Franchise Attorney
So what does it cost to have a franchise attorney review an FDD? A $1,000 to $3,000 up front retainer (meaning pay this now, plus more later on) applied against hourly rates of $300 to $500 per hour is par for the course these days. That’s not unreasonable, given the magnitude of just the initial franchise investment and the 10 to 20 year legal and financial commitments that will end up being a large multiple of the initial investment amount. But is there is any other competent, franchise attorney review options?

FDD Evaluator
Over the past 29 years, I’ve reviewed a lot of FDD’s (formerly called UFOC’s). I also owned and operated a franchise myself, so I know how to detect the good, the bad and the ugly in franchising. Franchise Foundations has developed a unique review program called FDD Evaluator (sm). A flat fee of $600 covers a review of the FDD and gives a thumbs up or down on the franchise. The review also includes disclosing any red flags or unfair contractual provisions discovered. Assuming you decide to move forward at that point, you can either negotiate the unfair provisions yourself – which many clients do successfully – or you can retain someone for that specific task.

Negotiation of Franchise Contracts
Contrary to what many franchise companies say, there is a lot of negotiation possible, especially with unfair contract provisions and even more so with new or small-to-medium size franchise companies. Now, if you’re dealing with a McDonalds or other blue chip franchise company, forget about franchise negotiations. But you can also forget about unfair contract provisions – they’re well beyond that. Remember to safeguard your franchise investment by using a competent franchise attorney.

Copyright 2008-2009, Kevin B. Murphy

For more information about FDD Evaluator click here

To contact a Franchise Attorney click here

Franchise operations manuals may seem daunting, especially for a company that has never written an operations manual before. Bewildered by the new business of franchising, with its legal requirements, franchise disclosure documents, operations manuals, training programs, etc., many companies delegate responsibility to a high-priced franchise consultant.

But using someone to write your franchise operations manual who knows literally nothing about your business, never makes any sense when everything is considered objectively. And, besides a hefty price tag of $20,000 or more to write the manuals, using franchise consultants brings another, expensive result – legal risk. Here are some drafting tips and strategies from a recognized, international franchise expert.

Why Franchise Consultants Are Risky Business
Paying someone who knows nothing about your business, and having them learn it from scratch at your expense is really just common sense. Using franchise consultants for what is a relatively easy and straightforward task has never made any sense – except to the franchise consultants who charge exorbitant amounts to write an operations manual. It’s one of those little franchise secrets that the consultants don’t ever mention or discuss.

Using a franchise consultant to write a franchise operations manual also carries legal risk. The principal legal risk comes from including inappropriate topics, chapters and policies that are commonly found in company-owned, chain operations manuals.  If these are included, as they often are in franchise operations manuals, very significant franchise liability issues arise. Because the franchise consultants are not franchise attorneys or experts, they are entirely oblivious to this risk. They don’t know where the bullets come from in franchise litigation. As a testifying and consulting franchise expert, I routinely find franchise operations manuals drafted by franchise consultants and do-it-yourself manuals containing inappropriate chapters or topics. And, because they rely on boilerplate manuals used for other clients, where (hopefully) all instances of burgers, for example, are searched and replaced with tax returns, the end result is not only dangerous – it is also very mediocre. Giving a mediocre operations manual to a franchise owner who has invested hundreds of thousands (or in some cases millions) of dollars in your franchise model is definitely not the best way to start or ensure a smooth franchise relationship.

The Best Practice Approach To Drafting Franchise Operations Manuals
Besides the expensive and legally risky approach there is another, best franchise practice approach based on almost three decades of writing, editing and reviewing hundreds of franchise operations manuals. The essence of this approach is also common sense – letting the true expert in your business write the manual. Typically that person is the founder of the business, or a small team of management personnel who know business operations inside and out. While a franchise expert should be involved in the process, the expert’s role should be limited to a planning and editing capacity.

Three Easy Steps For Drafting A Franchise Operations Manual
The drafting process begins with planning and developing the Table of Contents for the franchise operations manual. This includes making sure all the appropriate chapters and topics are included, and the inappropriate ones are not. Knowledge of franchise management best practices is essential here, and that’s why a franchise expert’s input and planning is so important. Because most franchise operations manuals are incorporated by reference in the franchise agreement (which is a franchise industry best practice)  the franchise contract is also  reviewed.  Some operations-specific information may be inadvertently included in the contract by the attorneys, which is not a good thing. This needs to be moved out or appropriately amended.

The second step is giving the person(s) within your company who have drafting responsibility samples of operations manual writing styles, guidelines and instructions. With these, they can begin drafting each chapter of the manual using their extensive operational knowledge of the day-to-day, week-to-week, etc. aspects of your business.

The third and final step is having the franchise expert review each chapter as it is drafted and comment on the professionalism and sufficiency of the chapters from a franchise industry best practices and franchise operator perspective.

Summary
The first couple chapters are typically the hardest to draft, as you or your management personnel learn and apply operations manual drafting techniques under the guidance of a professional editor. But after that, it’s smooth sailing through the balance of the document. This approach produces a professional, easy to use and update franchise operations manual. It also ensures the most efficient use of resources and talent, and eliminates having to pay a franchise consultant $20,000 or more for this relatively simple task. Whether or not a company ultimately franchises, the process of planning, documenting and implementing standardized operating procedures and systems via operations manuals, like blue chip franchise and non-franchised companies do, makes any firm operate more efficiently and competitively. In a franchise environment, it ensures consistent and uniform operations, helping personnel with different skills learn to perform tasks in a consistent manner throughout the franchise network. Finally, it’s important to realize the process of writing a franchise operations manual never stops. As the business model evolves, so must the operations manual – the ultimate reason why writing the manual yourself to begin with makes imminent common sense. As one franchise company executive observed “I found that not only was writing my own operations manual a cost savings; it was imperative.”

copyright 2008-2009, Kevin B. Murphy, B.S., M.B.A., J.D. – all rights reserved

For further information, visit the Franchise Foundations website

Musicians, Artists, film makers – We don’t tell them what and how to make their art, and it seems presumptuous to tell a chef what he can do best on a particular night. Spending $50 on a dinner is a serious evening’s entertainment, certainly not to be frittered away on passing whims. So, my partner and I call Herve Martin, at Hermitage, named a date and a time and asked for $50 dollars each worth of luxury and comfort. It’s an approach I recommend. Tell your favorites, how much you want to spend and leave the rest to him or her.

It was certainly an evening, and we started with a salad of lightly blanched, almost melting but crisp red cabbage and toasted walnuts dressed with walnut oil. – A very appropriate welcome to the advent of winter. A second course arrived: Red snapper, wrapped in cabbage (green this time) and Prosciutto. – The three little filets sitting along side a coulis of sweet tomatoes and balsamic vinegar. A very interesting approach to a simple fish like snapper.

For the main course, a pan-fried veal chop, simple with its pan juices, pommes Anna and a coloring of lightly poached vegetables. A veal chop like this is not a conversation piece but a really profound piece of meat, complete with it’s own handle of bone for picking up and gnawing. By the time we finished it we were almost two hours into dinner. Finally, for dessert, an other simplicity, a perfect finisher – A large semi-crisp crepe, stuffed with fresh raspberries and served with strawberry and vanilla ice cream.

An amazing evening and experience was created from start to finish at the Hermitage restaurant thanks to the expertise of chef and owner Herve Martin.

By Jamie Maw

Vancouver Magazine

October 2006

Mention that you read this article on ARTICLES BASE and receive $25 OFF your bill.

Evaluating franchise attorneys and evaluating franchise consultants can seem a daunting task. But the firm a company selects to assist its entry into franchising, refine existing franchise efforts or make franchise opportunity investment decisions will have profound consequences. While asking for a list of references is one approach (and when is anyone ever dumb enough to provide a bad reference?) there are more objective criteria that are not dependent on selectively disseminated information.

By addressing the nine Franchise Questions, topics and subcategories of information discussed below, you will eliminate virtually 95% of the individuals or firms you are considering. Then efforts can concentrate on evaluating the 5% cream of the crop (especially franchise attorneys) that truly merit consideration:

A. FRANCHISE EXPERT:
The #1 factor in evaluating so-called expertise – are the principals really franchise experts? There are objective criteria to determine this:

(1) Have they qualified and been allowed to testify as a franchise expert in court and arbitration proceedings? Being involved as a franchise expert in the franchise litigation process gives a sensitivity and radar for detecting and avoiding future franchise problems.

(2) How many books on franchising have been written by the principals?

(3) How many franchise articles have been published in journals or magazines?

(4) What is their franchise-related teaching experience? (see topics E and F below)

(5) What is their depth of experience in the franchise industry? (see next topic below)

B. EXPERIENCE IN THE FRANCHISE INDUSTRY:
(1) Length of time the firm has operated exclusively in the franchise industry?

(2) Experience on both sides of the franchise fence – working with franchise companies (franchisors) as well as with individual investors (franchisees) who have purchased a franchise?

(3) Past experience principals have owning and operating a franchised business? This factor is absolutely critical. If the principals have owned and operated a franchise, they bring a unique perspective and radar for avoiding future franchise relationship problems from disgruntled franchise owners.

C. COMPREHENSIVE TRAINING & ONGOING SERVICES; CONTROL SYSTEMS:
(1) Can (and will) the firm train your personnel to operate and manage your new franchise company? Remember, you’re entering an entirely different business, one requiring new skills and abilities. If this topic is not addressed in detail, you might as well earmark the franchise fees received when you sell franchises for a future franchise litigation war chest;

(2) Will the firm help you review and update operational (franchise operations manual) and legal documentation (franchise offering circular) on an ongoing basis?

(3) Has the firm developed, and will they help you put into place, franchise marketing, sales control and legal compliance programs during the critical implementation (start-up) phase of your franchise program?

The existence of these programs is essential to ensure only the cream of franchise applicants are allowed to enter the network, and to create a series of documented files should a dispute arise in the future. Most of the legal risk in franchising occurs during the franchise marketing cycle when franchises are sold. If your company’s done a good job here with these programs, then you’ve eliminated most of the risk.

D. LEGAL: FRANCHISE ATTORNEY
(1) Is the law practice devoted exclusively to franchise law?

(2) Total number of franchise disclosure documents (formerly called franchise offering circulars) drafted and reviewed?

(3) Experience filing franchise registrations and working with state examiners in all 14-plus franchise registration states?

(4) Experience represeting franchise companies as well as persons buying a franchise? Knowing both sides of the fence is a tremendous asset.

E. ACADEMIC: UNIVERSITY & COLLEGE
Experience teaching franchise courses at graduate and undergraduate university levels?

F. ACADEMIC: PROFESSIONAL
Experience teaching franchise courses to franchise attorneys and general practice attorneys?

G. BLEND OF BUSINESS & LEGAL SKILLS:
Specialist franchise attorneys and law firms produce tight legal agreements (sometimes overly so leading to future franchise relationship problems) and usually adequate franchise offering circulars. Setting aside the overly tight contract issue, the problem is most franchise attorneys – franchise lawyers are not capable of making sound, strategic business decisions and providing practical, ongoing advice. Some franchise consultants, on the other hand, have good business sense, but lack the requisite legal skills. Questions:

(1) Does the firm have the proper blend of business savvy and in-house franchise legal expertise? It’s always a big plus if the franchise attorney also has an MBA. You can do a Google search with these twin attributes (franchise attorney MBA) and narrow the field considerably.

(2) Can the firm produce good legal documentation (franchise disclosure documents) and help you edit (or create) consistent operational documents (such as the franchise operations manual, training program, etc.) If your franchise agreement says “x” but your franchise operations manual or advertising materials say “y” about the same issue, be prepared to pay hefty franchise litigation fees and deal with franchise litigation attorneys in the future.

(3)Can the firm provide competent and practical ongoing advice in critical areas like effective franchise marketing, media decisions, interviewing franchise buyers, adopting the best franchise organizational structure, implementing a franchise advisory council, etc? Mistakes made in these areas can easily cost the franchise company tens, if not hundreds of thousands of dollars.

H. CONTRACT FAIRNESS:
Does the firm give you an option of choosing between:
(a) an hourly rate and
(b) a flat contract amount, where you don’t have to worry about accumulated hours and an unknown total amount?

I. RED FLAGS – BEWARE OF ANY OF THE FOLLOWING:

• Combination teams where one entity does one part of the project and another the other part. For example, a consulting firm does planning, and operational documentation, while an attorney “they know very well” writes the legal documentation.

• Or, a variant of the above, the company in the “fine print” of its contract, requires your attorney (who you obviously have to pay) to review and approve everything they do because the company (it says) is not rendering legal advice. Actually, by providing documents that affect legal rights, they are rendering legal advice, but in an illegal manner. It’s called the unauthorized practice of law. You end up paying two attorneys – yours and theirs. Besides the expense, it sets you up for future franchise problems. Their attorney represents who? The franchise packaging group, of course, and definitely not you. He or she is typically a recent law school graduate who hasn’t figured out what they’re doing is illegal and could cause them to lose their license to practice law. Besides that, they represent the franchise consulting group, whose interest is to churn as many franchise packages per year as possible. You end up with a bad franchise disclosure document and sloppy franchise operations manuals. To save time, the franchise agreement gets watered down so it’s easier to push through some franchise registration states. Some of the “t’s” may be crossed and some of the “i’s” dotted, but not most of them. The end product are documents that set you up for future franchise litigation difficulties.

• Firms that advise you to franchise your business, and they’ve never seen your business! You’d be surprised how often this happens.

• Firms that say they’ll write your franchise operations manual for you. How someone, who knows absolutely nothing about your business, could ever come close to anything but a mediocre product at best, is a frightening thought. The use of boilerplate manuals produced by consulting groups is yet another future litigation time bomb. You are the true expert in your business. With competent guidance and editing, you’ll be able to produce a professional and workable operations manuals, if you don’t have these already.

• Pricing quotes that seem exceedingly high or low (especially “do-it-yourself” franchise kits).

• If you are buying a franchise, BEWARE of any attorney recommended by the franchise company. Even worse, beware of franchise companies who say you don’t need to use an attorney. There are a couple of these online.

• Firms (or individuals) that have EVER been sued for fraud, misrepresentation, the unauthorized practice of law or violating any franchise law. DON’T FORGET TO ASK THIS CRITICAL QUESTION!!

©1990-2008, Kevin B. Murphy, B.S., M.B.A., J.D. – all rights reserved

For more informaton, consult the Franchise Foundations website.

If you are looking for a Colorado mortgage rate quote for a Colorado mortgage loan, then there are many places to go. Of course there are many ads for different Colorado mortgage lenders that are based in the state and around the country. But for a better, more personal Colorado mortgage, it is best to go with an in-state Colorado mortgage lending professional.

Getting a Colorado mortgage loan from an in-state Colorado mortgage lending company has advantages, the key being that Colorado mortgage lending institutions know Colorado the best.

Colorado is unique, with a particular mix of modest private homes, second homes, luxury homes and other types. Because of this, the needs of would-be borrowers who are looking for a Colorado mortgage quote are unique as well. That necessitates a knowledgeable Colorado lender who can work with a borrower and fir their needs with the best type of Colorado mortgage loan.

Looking For a Colorado Mortgage Quote Provider

While shopping for a Colorado mortgage quote, a borrower will hope for a Colorado mortgage lender with a low rate. But that shouldn’t be the only determining factor to be considered than that part of the Colorado mortgage rate quote. The lowest bidder is not always the best place to get a Colorado mortgage loan. When deciding on the best Colorado mortgage quote, consider these other factors:

•The fees for Colorado mortgage loans

•The closing costs, which can range widely between Colorado mortgage lending companies

•Product diversity in the Colorado mortgage loans.

There are many different kinds of loan programs to choose from for borrowers and it is best to look around before a borrower decides on their Colorado mortgage quote. Aside from the Colorado mortgage rate quote itself, its best to consider fixed vs. variable loans and the different lengths of terms

•The Colorado mortgage lending companies with the best customer service. When borrowers are looking for a Colorado mortgage quote, there should be an expectation that the company will have excellent customer service, answering calls and returning them

•A Colorado mortgage lending company with experienced and informed associates. The broker working up your Colorado mortgage quote ought to be able to explain all parts of the different types of Colorado mortgage loans. They need to be able to search and return with any questions you have about your Colorado mortgage rate quote

Finding a Colorado Mortgage Loan

There are brokers nationwide you want to give a borrower a Colorado mortgage quote. Borrowers see their ads all over the place — in the yellow pages or newspaper; radio or TV. There are also many lenders who can provide Colorado mortgage rate quotes online who can also be a great resource.

Online Colorado mortgage quote providers can help you if you are looking to get many quotes with limited effort and be able to make a choice between the many Colorado mortgage quotes available. But that should not come as a replacement from real people. A borrower needs to do research; search for referrals online, check on the company to find the best Colorado mortgage quote that best suits their needs.