factual

How many days does Aplus have to purchase the offered assets or interest after receiving all relevant documents from the franchisee?

Aplus Franchise · 2024 FDD

Answer from 2024 FDD Document

  • (C) If the APlus Franchise Agreement between you and Sunoco is terminated or not in effect for any reason, but this Lease is still in effect, you may not transfer or assign this Lease without first offering to transfer or assign one hundred percent (100%) of the rights in the Premises to Sunoco, in writing signed by you, at a stated price and stated terms.

  • (D) Sunoco may accept in writing at any time within sixty (60) days (excluding federal and state holidays) from receipt of the written offer by agreeing to purchase one hundred percent (100%) of the rights in the Premises and to pay the stated price on the stated terms, less the amount of the transfer fee that is payable to Sunoco in the event of an assignment.

The offer must be received in the appropriate Division Office.

Source: Item 23 — RECEIPT (FDD pages 68–302)

What This Means (2024 FDD)

According to Aplus's 2024 Franchise Disclosure Document, if the Aplus Franchise Agreement is terminated or not in effect, but the lease is still active, the franchisee cannot transfer or assign the lease without first offering the premises to Sunoco (the franchisor). Sunoco has sixty (60) days (excluding federal and state holidays) from receipt of the written offer to accept by agreeing to purchase one hundred percent (100%) of the rights in the Premises and to pay the stated price on the stated terms, less the amount of the transfer fee that is payable to Sunoco in the event of an assignment. The offer must be received in the appropriate Division Office.

This clause ensures that Aplus retains control over the location of its franchises, even if the franchisee-franchisor relationship ends. By giving Aplus the first right of refusal, the brand can prevent a competitor from taking over a valuable location or ensure that the location continues to operate under the Aplus brand with a new franchisee.

For a prospective franchisee, this means that exiting the business might involve offering the lease to Aplus first, potentially affecting the speed and terms of the exit. It is important to understand the implications of this clause, especially when considering the potential value of the lease and the terms under which Aplus might exercise its option to purchase.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.