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What happens to the Benjamin Franklin Plumbing Guarantor's obligations upon their death?

Benjamin_Franklin_Plumbing Franchise · 2025 FDD

Answer from 2025 FDD Document

Survival of Obligations.

Upon the death of a Guarantor, the Guarantor's estate will be bound by this Guarantee, but only for obligations existing at the time of death.

The obligations of the surviving Guarantors will continue in full force and effect.

Source: Item 23 — RECEIPTS (FDD pages 88–312)

What This Means (2025 FDD)

According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, the death of a guarantor impacts their obligations under the guarantee. Specifically, the guarantor's estate becomes responsible for the obligations that existed at the time of their death. This means that any outstanding debts or responsibilities of the franchisee that the guarantor had guaranteed up to the point of their death will become the responsibility of their estate.

However, the obligations of any surviving guarantors will continue without any changes. This implies that if there are multiple guarantors for a Benjamin Franklin Plumbing franchise agreement, the remaining guarantors will still be fully responsible for all ongoing and future obligations of the franchisee, as if the deceased guarantor were still alive. The death of one guarantor does not relieve the others of their duties.

This clause protects Benjamin Franklin Plumbing by ensuring that the financial responsibilities associated with the franchise agreement are covered even in the event of a guarantor's death. It also highlights the importance of carefully considering the implications of acting as a guarantor, as these obligations can extend to one's estate. Prospective franchisees and their guarantors should seek legal counsel to fully understand the scope and potential impact of these guarantee obligations.

Disclaimer: This information is extracted from the 2025 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.