Is Del Taco responsible for any site review, analysis, evaluation, or recommendation undertaken by a real estate broker or advisor retained by the Del Taco franchisee?
Del_Taco Franchise · 2025 FDDAnswer from 2025 FDD Document
| Franchisee acknowledges and agrees | | that Del Taco shall have no responsibility for, or liability to Franchisee for, any site review, analysis, | | evaluation, or recommended undertaken by or on behalf of any real estate broker or advisor used or retained | | by Franchisee.
Source: Item 22 — CONTRACTS (FDD pages 58–59)
What This Means (2025 FDD)
According to Del Taco's 2025 Franchise Disclosure Document, Del Taco bears no responsibility or liability for any site review, analysis, evaluation, or recommendation undertaken by a real estate broker or advisor used or retained by the franchisee. This means that if a franchisee hires a real estate professional to help them find a location, Del Taco is not accountable for the accuracy or suitability of that professional's advice. The franchisee is solely responsible for the selection and oversight of their own advisors.
Del Taco does provide suggested site selection criteria and may offer site selection counseling and assistance as they deem advisable. Del Taco may also perform on-site evaluations in response to the franchisee's requests, but they are not required to do so. If Del Taco does perform an on-site evaluation, the franchisee must reimburse Del Taco for all reasonable expenses incurred, including travel, lodging, and meals.
Del Taco also recommends, but does not require, that franchisees engage the services of a third-party real estate or site evaluation professional to assist with site analysis and evaluation. However, franchisees acknowledge that any site evaluation model or service is only one tool or factor and not a predictor of future sales. Ultimately, the franchisee bears the risk of selecting a suitable site, even if they utilize third-party advisors or services.