What is the buyer's obligation regarding the Franchised Location Possession for Burneys Sweets More?
Burneys_Sweets_More Franchise · 2025 FDDAnswer from 2025 FDD Document
ised Location; and
- k. Franchised Location Possession. Prior to Closing and changing possession of the Franchised Location, Seller and Buyer shall obtain the written consent of Franchisor to change possession.
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- Waiver of Right of First Refusal. Franchisor hereby waives any right of first refusal to purchase the Interests as it may have pursuant to the Seller Franchise Agreement.
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- Release of Franchisor.
Source: Item 23 — RECEIPT (FDD pages 50–199)
What This Means (2025 FDD)
According to Burneys Sweets More's 2025 Franchise Disclosure Document, before closing and taking possession of the franchised location, both the seller and the buyer must obtain written consent from Burneys Sweets More to change possession. Additionally, the buyer must provide satisfactory evidence to Burneys Sweets More that they have the right to possess the premises for the franchised location. This can be achieved through a lease assignment that includes all required landlord consents or by other means.
This requirement ensures that Burneys Sweets More maintains control over the transfer of its franchise locations and that the buyer has secured the necessary legal rights to operate at the location. Obtaining landlord consent is a standard practice in franchise transfers involving leased properties, as it verifies that the landlord approves of the new tenant and the assignment of the lease.
For a prospective Burneys Sweets More franchisee, this means they need to proactively work with the seller and the franchisor to secure the location. This involves ensuring all lease assignments are properly executed and that Burneys Sweets More provides written consent before the transfer of possession. Failing to meet these requirements could delay or even prevent the completion of the franchise transfer.