What written notice period is required before a Deer Solution franchisee can transfer their agreement to a wholly-owned corporate entity?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
If Franchisee or an Owner desires to engage, in whole or in part, in a Transfer of Franchisee, this Agreement, Franchisee's Deer Solution Business, Franchisee's Administrative Office, and/or Franchisee's Administrative Office, then Franchisee or such Owner (as applicable) must obtain a bona fide, signed written offer from the fully disclosed purchaser (the "Offer") and submit an exact copy of the Offer to Franchisor. Franchisor shall have 30 days after receipt of the Offer to decide whether Franchisor will purchase the interest in Franchisee, Franchisee's Deer Solution Business, Franchisee's Administrative Office, and/or Franchisee's Administrative Office for the same price and upon the same terms contained in the Offer (however, Franchisor may substitute cash for any form of payment proposed in the Offer). If Franchisor notifies Franchisee that Franchisor intends to purchase the interest within said 30 day period, Franchisee or Owner (as applicable) must sell the interest to Franchisor. Franchisor will have at least an additional 60 days to prepare for closing. Franchisor shall be entitled to receive from Franchisee or Owner (as applicable) all customary representations and warranties given by Franchisee or Owner (as applicable) as the seller of the assets and/or the ownership interest or, at Franchisor's election, the representations and warranties contained in the offer. If Franchisor does not exercise its right of first refusal, Franchisee or Owner (as applicable) may complete the Transfer to the purchaser pursuant to and in accordance with the terms of the Offer, provided that separate and apart from this Article 14.F. right of first refusal, Franchisee
complies with the terms of this Article 14. However, if the sale to the purchaser is not completed within 60 days after delivery of the Offer to Franchisor, or there is a material change in the terms of the sale, Franchisor will again have the right of first refusal specified in this Article 14.F. Franchisor's right of first refusal in this Article 14.F. shall not apply to any Transfer pursuant to Article 14.E. of this Agreement.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
The 2025 Deer Solution Franchise Disclosure Document does not specify a written notice period required before a franchisee can transfer their agreement to a wholly-owned corporate entity. The document does outline conditions for approval of transfer, including that the franchisee must obtain a bona fide, signed written offer from the purchaser and submit an exact copy of the Offer to Deer Solution. Deer Solution then has 30 days after receipt of the Offer to decide whether it will purchase the interest in the franchisee's Deer Solution business for the same price and terms.
If Deer Solution decides to purchase the interest, they will have at least an additional 60 days to prepare for closing. If Deer Solution does not exercise its right of first refusal, the franchisee may complete the transfer to the purchaser according to the terms of the offer, provided they comply with the other terms in Article 14.
However, if the sale is not completed within 60 days after delivery of the offer to Deer Solution, or if there is a material change in the terms of the sale, Deer Solution will again have the right of first refusal. The FDD does not explicitly state the required notice period for transferring to a wholly-owned corporate entity, but it does detail the process and timelines involved in a transfer to another party, which includes a right of first refusal for Deer Solution. A prospective franchisee should clarify the specific notice requirements for transfers to wholly-owned corporate entities with Deer Solution.