What warranty does a Beverly Anns Cookie franchisee make regarding the title to the Assets being transferred?
Beverly_Anns_Cookie Franchise · 2025 FDDAnswer from 2025 FDD Document
f the Franchised Business from Franchisee are between New Franchisee and Former Franchisee, and shall not involve Franchisor.
-
- Representation. Former Franchisee warrants and represents that it has not heretofore assigned, conveyed, or disposed of any interest in the Former Franchise Agreement or Franchised Business. New Franchisee hereby represents that it received Franchisor's Franchise Disclosure Document and did not sign the New Franchise Agreement or pay any money to Franchisor or its affiliate for a period of at least 14 calendar days after receipt of the Franchise Disclosure Document.
-
- Notices.
Source: Item 22 — CONTRACTS (FDD page 57)
What This Means (2025 FDD)
According to the 2025 Beverly Anns Cookie Franchise Disclosure Document, in the Franchise Agreement Transfer Addendum, the former franchisee warrants and represents that it has not previously assigned, conveyed, or disposed of any interest in the Former Franchise Agreement or Franchised Business. This means the former franchisee assures that they haven't already given away or sold their rights to the franchise or the business itself.
This warranty protects the new Beverly Anns Cookie franchisee by ensuring they are acquiring a clear and unencumbered right to operate the franchise. If the former franchisee had previously transferred rights to someone else, this warranty would be breached, potentially leading to legal issues and financial losses for the new franchisee.
This type of warranty is a standard practice in franchise transfer agreements. It gives the new franchisee confidence that they are getting what they paid for and that Beverly Anns Cookie has taken steps to ensure a clean transfer of ownership. The new franchisee also acknowledges that the purchase of the rights to the Franchised Business occurred solely between the Former Franchisee and New Franchisee.