What is the time limit for an Aplus franchisee to bring a claim against Sunoco related to the lease?
Aplus Franchise · 2024 FDDAnswer 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
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
Based on the 2024 Aplus 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 to transfer or assign 100% of the rights in the premises to Sunoco. Sunoco has 60 days (excluding federal and state holidays) from receipt of the franchisee's written offer to accept the offer.
This means that if an Aplus franchisee's agreement ends before the lease, they must give Sunoco the first chance to take over the lease entirely. The franchisee cannot independently assign or transfer the lease to another party during this 60-day period. This clause ensures Sunoco maintains control over the leased property and has the option to continue operations at the location.
For a prospective Aplus franchisee, this highlights the importance of understanding the lease terms and their relationship to the franchise agreement. If the franchisee anticipates wanting to exit the location before the lease term is up, they need to be aware that Sunoco has the right of first refusal, which could impact their ability to recoup any investment in the location by assigning the lease to a third party.