factual

Under what conditions is it unlawful for Del Taco to repurchase a franchisee's business?

Del_Taco Franchise · 2025 FDD

Answer from 2025 FDD Document

Pursuant to Section 13.1-564 of the Virginia Retail Franchising Act, it is unlawful for a franchisor to use undue influence to induce a franchisee to surrender any right given to him under the franchise. If any provision of the Franchise Agreement involves the use of undue influence by the franchisor to induce a franchisee to surrender any rights given to him under the franchise, that provision may not be enforceable.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 42–46)

What This Means (2025 FDD)

According to the 2025 Del Taco Franchise Disclosure Document, specifically regarding Virginia, it is unlawful for Del Taco to use undue influence to induce a franchisee to surrender any right given to him under the franchise. If any provision of the Franchise Agreement involves the use of undue influence by Del Taco to induce a franchisee to surrender any rights given to him under the franchise, that provision may not be enforceable. This protection is provided under Section 13.1-564 of the Virginia Retail Franchising Act.

This means that Del Taco cannot pressure or coerce a franchisee into giving up their rights related to the franchise agreement. This provision aims to protect franchisees from potentially overbearing tactics by the franchisor. The FDD highlights that any clause in the franchise agreement that allows Del Taco to exert undue influence over a franchisee to surrender their rights may not be legally valid in Virginia.

Prospective franchisees in Virginia should carefully review the franchise agreement for any clauses that could be interpreted as giving Del Taco excessive power or control over their rights. It is advisable to seek legal counsel to ensure full understanding and protection under the Virginia Retail Franchising Act. This measure ensures that the franchisee's rights are safeguarded and that they are not subjected to unfair or coercive practices by Del Taco.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.