For Ben Jerrys, what is the closing timeline if it elects to purchase the seller's interest?
Ben_Jerrys Franchise · 2025 FDDAnswer from 2025 FDD Document
If BEN & JERRY'S elects to purchase the seller's interest, closing on such purchase shall occur within forty-five (45) days from the date of notice to the seller of the election to purchase by BEN & JERRY'S, or, if longer, on the same timetable as contained in the bona fide offer.
Source: Item 22 — CONTRACTS (FDD pages 133–134)
What This Means (2025 FDD)
According to Ben Jerrys's 2025 Franchise Disclosure Document, if a franchisee (referred to as "OPERATOR" in the document) intends to sell their interest to a third party, Ben Jerrys has the option to purchase that interest instead. Ben Jerrys has 30 days after receiving the written transfer request and all required documentation to decide whether to exercise this option.
If Ben Jerrys decides to purchase the seller's interest, the closing on the purchase must occur within 45 days from the date Ben Jerrys notifies the seller of its election to purchase. However, there is an exception: if the timeline in the original third-party offer is longer than 45 days, Ben Jerrys can take the same amount of time to close the purchase as specified in that original offer.
This clause ensures Ben Jerrys has the right to maintain control over its franchise network by preempting sales to potentially unsuitable buyers. For a prospective franchisee, this means that if they decide to sell their Ben Jerrys business, the sale process could be extended depending on whether Ben Jerrys exercises its right of first refusal and the closing timeline outlined in any third-party offers.