Does the Aplus FDD state that Sunoco's ability to re-enter the premises without judicial or administrative process is conditional, and if so, on what?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
(C) Upon expiration or termination of this Lease, Sunoco may: (1) pursue any judicial or administrative process or procedure to obtain possession of the Premises and Loaned
Equipment; or (2) if permitted by applicable law, without aid of any judicial or administrative process or procedure, re-enter the Premises, dispossess you, and retake possession of the Premises and Loaned Equipment.
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, Sunoco's ability to re-enter the premises without judicial or administrative process is conditional. Specifically, Sunoco can only do so if permitted by applicable law.
This means that Aplus franchisees need to be aware of the laws in their specific jurisdiction regarding landlord-tenant relationships and the rights of landlords to re-enter a property. If local laws do not permit such re-entry without a court order, Sunoco would be required to pursue judicial or administrative processes to regain possession of the premises.
This condition protects the franchisee to some extent, ensuring that Sunoco cannot bypass legal procedures if they are required in the franchisee's location. However, it also places the onus on the franchisee to understand and comply with local laws, as a failure to do so could still lead to termination of the lease and loss of the franchise.