What actions are considered 'reasonable' regarding causing the appraisers to complete their appraisal of my All County business?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
You and we agree to select our respective appraisers within fifteen (15) days after the date we determine that we are unable to agree on the Business' fair market value, and the two appraisers so chosen are obligated to appoint the third appraiser within fifteen (15) days after the date on which the last of the two party appointed appraisers was appointed.
You and we will bear the cost of our own appraisers and share equally the reasonable fees and expenses of the third appraiser chosen by the two party appointed appraisers.
You and we will take reasonable actions to cause the appraisers to complete their appraisal within thirty (30) days after the third appraiser's appointment.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, if All County and the franchisee cannot agree on the fair market value of the business, it will be determined by three independent appraisers. All County will appoint one appraiser, the franchisee will appoint one, and those two will appoint a third. The franchisee and All County must select their appraisers within 15 days of determining that they cannot agree on the business's fair market value. The two chosen appraisers then have 15 days to appoint the third appraiser.
The franchisee and All County will each bear the cost of their own appraiser. They will then equally share the reasonable fees and expenses of the third appraiser.
Both All County and the franchisee are expected to take reasonable actions to ensure the appraisers complete their appraisal within 30 days after the third appraiser's appointment. The FDD does not define what constitutes 'reasonable actions'. To fully understand your obligations, a prospective franchisee should ask All County for specific examples of actions they would consider reasonable in expediting the appraisal process.