What specific contracts does the plaintiff seek to rescind in the lawsuit against Augusta Lawn Care?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
Abraham Bilgoray v. Mike Andes, Augusta Franchise LLC, Augusta Franchise LLC Suite, and Augusta Lawn Care Corporation, Civil Action No. 7:25-cv-00584, pending in the United States District Court for the Southern District of New York (originally filed in the Supreme Court of New York, Rockland County, on December 16, 2024 and removed to federal court on January 21, 2025). Plaintiff is a former franchisee of Augusta Lawn Care that alleges fraud and negligent
misrepresentation, based on a purported non-receipt of Augusta's pre-signing Franchise Disclosure Document (the "FDD"). Plaintiff therefore seeks rescission of contracts and restitution. Augusta moved to stay, transfer, and/or dismiss on multiple grounds, including: (i) Plaintiff's franchise agreement requires that he bring any claim before the American Arbitration Association ("AAA"); (ii) to the extent Plaintiff was not required to file his claim in the AAA, he was required to file suit in the United States District Court for the Western District of Washington; (iii) Plaintiff's claims are deficient under the Federal Rules of Civil Procedure; (iv) Plaintiff's fraud-based claims are without merit under the applicable documents; and (v) the applicable statute(s) of limitations bar Plaintiff's claims. Augusta denies any liability and is confident it will prevail in the litigation and recoup its attorneys' fees and costs incurred.
Other than the foregoing, no litigation is required to be disclosed in this Item.
Source: Item 3 — LITIGATION (FDD pages 11–12)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, a former franchisee, Abraham Bilgoray, is seeking to rescind contracts with Augusta Lawn Care based on allegations of fraud and negligent misrepresentation due to the purported non-receipt of the Franchise Disclosure Document (FDD) before signing. The lawsuit, Abraham Bilgoray v. Mike Andes, Augusta Franchise LLC, Augusta Franchise LLC Suite, and Augusta Lawn Care Corporation, is currently pending in the United States District Court for the Southern District of New York. The plaintiff is seeking rescission of contracts and restitution.
Augusta Lawn Care has responded to the lawsuit by filing a motion to stay, transfer, or dismiss the case on several grounds. These grounds include that the franchise agreement requires claims to be brought before the American Arbitration Association (AAA), or alternatively, in the United States District Court for the Western District of Washington. Augusta Lawn Care also argues that the plaintiff's claims are deficient under the Federal Rules of Civil Procedure, lack merit under the applicable documents, and are barred by the statute of limitations.
Augusta Lawn Care denies any liability in the matter and states it is confident in prevailing in the litigation and recovering its attorneys' fees and costs. The FDD states that no other litigation is required to be disclosed in Item 3 other than the aforementioned case.