Does Minnesota law allow Craters & Freighters to unreasonably withhold consent to the transfer of a franchise?
Craters_Freighters Franchise · 2025 FDDAnswer from 2025 FDD Document
ITEM 17.
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- Minnesota law provides you with certain termination and nonrenewal rights. As of the date of this Disclosure Document, Minn. Stat. Sec. 80C.14, Subd. 3, 4 and 5 which require, (except in certain specified cases) that you be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the Franchise Agreement; and that consent to the transfer of the franchise will not be unreasonably withheld.
Source: Item 22 — CONTRACTS (FDD pages 49–50)
What This Means (2025 FDD)
According to Craters & Freighters' 2025 Franchise Disclosure Document, Minnesota law addresses the franchisor's ability to withhold consent for franchise transfers. Specifically, Minnesota statutes stipulate that Craters & Freighters cannot unreasonably withhold consent to the transfer of a franchise. This provision aims to protect franchisees by ensuring they can transfer their business to a qualified buyer without facing arbitrary obstacles from the franchisor.
This legal protection is significant for prospective Craters & Freighters franchisees in Minnesota. It means that if a franchisee decides to sell their business, Craters & Freighters must have a legitimate, justifiable reason for refusing to approve the transfer. This prevents the franchisor from blocking a sale based on personal preferences or other unreasonable grounds. The franchisee has the right to appeal if they believe consent is being unreasonably withheld.
It is important for potential franchisees to understand their rights under Minnesota law, as outlined in Minn. Stat. Sec. 80C.14, Subd. 3, 4 and 5. This statute provides franchisees with certain termination and nonrenewal rights, including the right to receive 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the Franchise Agreement. These regulations, combined with the restriction on unreasonably withholding consent to transfer, offer a degree of security and flexibility to Craters & Freighters franchisees operating in Minnesota.