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Buy a Franchise With Confidence

For serious buyers investing $100k-$500k+: FDD red flag review, launch legal setup, and direct attorney support so you can move fast without blind risk.

Over 500 entrepreneurs choose Surge.

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The best path for buyers who want fewer surprises, better decisions, and a faster, safer launch.

Helped 100+ franchise owners launch with better legal and financial clarity.

What Our clients are saying

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Surge Business Law PLLC

4.7

Based on 65 reviews

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Justin Clay

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Rated 5 out of 5 stars

They put together step by step learning modules that take you through key aspects of running a business and they have made the process very simple.

Cassie Serrata

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Rated 5 out of 5 stars

Matt and his team are knowledgable, friendly and efficient. They helped me get my LLC up and running. Highly recommend his legal services for any small business owner.

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Rated 5 out of 5 stars

He wasn’t trying to sell me something I didn’t need, but instead gave advice that was truly in my best interest.

Is This the Right Fit?

This page is built for franchise buyers making a real investment decision, not people looking for the cheapest filing option.

Great Fit

  • You are investing $100k-$500k+ and want fewer expensive mistakes.
  • You want a lawyer to translate the FDD and franchise agreement into plain English.
  • You value speed with clarity over DIY research and second-guessing.
  • You may be using savings, ROBS funds, or SBA financing and need realistic numbers.

Not the Best Fit

  • You only want the lowest possible price and no ongoing support.
  • You are still casually browsing and not ready to evaluate a specific FDD.
  • You are comfortable signing without legal review.
  • This is a low-commitment side project and timeline is not important.

If this sounds like your situation, book a free consultation. We will quickly tell you whether Launch support is a good fit before you spend money.

Book Free Consultation

Franchise owners reviewing their launch plans together

Most franchise clients we serve are experienced professionals moving from employment into ownership and making high-stakes decisions quickly.

The 14-Day Window Is Federal Law. Most Buyers Waste It.

Under the FTC Franchise Rule, a franchisor must put the Franchise Disclosure Document in your hands at least 14 calendar days before you sign a binding agreement or pay the franchisor any money (16 CFR 436.2(a)). That window is not a courtesy the franchisor extends. It is the reason the rule exists: so you can read the document, ask real questions, and get a franchise attorney’s read while you still have the option to say no.

Most buyers spend those two weeks talking to the franchisor’s development team and lining up financing. Then they sign. The window closes without anyone independent having read the agreement they are about to be bound to for the next decade.

  1. Day 0: The FDD Arrives

    The clock runs in calendar days, not business days. Weekends and holidays count against you. Nothing stops you from asking for the FDD earlier in the process, and serious candidates usually get it when they ask.

  2. Days 1-14: The Only Leverage You Get

    This is the one stretch where you have full information and no signed obligation. Send us the FDD the day it lands, not on day ten. Our red flag review is scoped to finish inside this window, but only if it starts near the front of it.

  3. Day 14+: The Earliest You Can Sign

    There is a second clock. The franchisor must also give you the proposed franchise agreement with all material terms filled in at least 7 calendar days before you sign it (16 CFR 436.2(b)). Blanks filled in at the closing table are a problem, not a formality.

What the 14 Days Is Not

  • Not a cooling-off period. The federal rule sets a waiting period before you sign. It does not give you a right to unwind the deal afterward.

  • Not your maximum. Fourteen days is a floor, not a deadline. You can take longer. A franchisor pushing you to sign the moment the clock runs out is telling you something about how it will behave once you are locked in.

  • Not self-enforcing. The FTC Franchise Rule is enforced by the FTC, and courts have generally held it does not give an individual buyer a private claim. Some state franchise statutes do provide private remedies. Which is why catching a problem before you sign beats arguing about it after.

State Law Can Add More

The FTC Franchise Rule is the federal floor. A number of states layer their own franchise registration, filing, or relationship requirements on top of it, and those requirements differ meaningfully from state to state. Some restrict how and when a franchisor can terminate or refuse to renew. Whether any of them apply to your deal depends on where the outlet will operate and where you live, so it is worth settling that question early rather than assuming the federal rule is the whole picture.

Surge Business Law is licensed in Iowa and Texas. If your franchise sits outside those states, we will tell you plainly and help you find local counsel rather than stretch.

See the FDD Red Flag Review

FDD Red Flag Review: Know What You Are Signing

Your franchise decision is often a six-figure commitment. The FDD package is usually 200+ pages and can hide major cost and control issues in plain sight.

  1. 1

    Send Your FDD Package

    We review the disclosure document and franchise agreement together, not in isolation.

  2. 2

    Red Flag + Cost Analysis

    We identify hidden fees, control restrictions, and downside terms that impact your real economics.

  3. 3

    Decision Strategy Call

    You get plain-English guidance so you can sign, negotiate, or walk away with confidence.

Standalone Price

$950

Save $200 when bundled with Launch or Momentum.

Typical Timeline

5-7 days

From receipt of your full FDD package.

Decision Support

Written summary + strategy call

So you can sign or walk away with confidence.

What We Review

  • Item 19 performance claims: what is realistic vs marketing spin.
  • Full cost stack: initial fees, ongoing royalties, ad funds, required spend.
  • Territory protections: what is protected and what is not.
  • Dispute and litigation patterns: what prior franchise conflicts reveal.

Common Red Flags

  • Transfer and exit restrictions that trap capital.
  • Royalty formulas that look small but compound hard.
  • Termination terms with limited cure rights.
  • Non-compete terms that limit your next move.

Item 19: The Number That Might Not Be There

Item 19 is where a franchisor may make a financial performance representation, the FDD’s term for an earnings claim. It is the item every buyer flips to first, and it is the one most likely to be misunderstood.

Item 19 Is Optional

No franchisor is required to make a financial performance representation. A franchisor that chooses not to must instead say so in Item 19, in language the rule prescribes.

The absence is itself information. A blank Item 19 does not prove the units perform badly. What it does mean is that you have no substantiated figure to build your projections on, and that the only numbers you will hear are the ones nobody has committed to paper. Price that uncertainty into your plan and into your financing conversations.

It also means verbal numbers should stop you cold. When there is no financial performance representation, the FDD’s required language typically states that the franchisor does not authorize its employees or representatives to give you performance figures. If a salesperson or broker hands you one anyway, it sits outside the disclosure entirely.

When a Number Is There, Read What It Measures

  • Revenue is not profit. Many representations disclose gross sales and stop there, leaving royalties, ad fund contributions, rent, and labor for you to model.
  • Check the population. Top-quartile outlets, mature units only, or company-owned locations are all common subsets, and none of them describe a new franchisee in year one.
  • An average hides the spread. Ask how many units are below it. A median and a range tell you far more than a mean.
  • Read the bases and assumptions. A financial performance representation has to disclose the material bases behind it. That fine print is usually where the real answer lives.

Never Read Item 19 Alone

Item 20 carries the outlet counts, including transfers, terminations, non-renewals, and units that ceased operations, along with contact information for current and former franchisees. Item 21 carries the franchisor’s financial statements. A confident Item 19 sitting next to heavy churn in Item 20 is a conversation worth having before you sign, not after.

Item 20 lists former franchisees for a reason. Call them. It is the cheapest due diligence available to you, and it is the step buyers skip most often.

Want the longer walkthrough? What to check in an FDD before you sign goes item by item.

Who Signs? Entity Structure for Single and Multi-Unit Franchisees

Franchisors typically require the franchise agreement to be signed by a named entity, and separately require the owners behind it to sign a personal guarantee. Deciding that structure after you have signed is expensive cleanup. Deciding it before is a conversation.

One Entity, or One Per Unit?

  • Separate entities can isolate liability between locations, so a lease default or claim at one site does not automatically reach the others.
  • A single entity is simpler to administer, often easier to finance, and avoids duplicating filings, registered agents, and bookkeeping.
  • How you plan to bring in a partner or investor later, and whether you might sell one location rather than all of them, usually decides this more than anything else.

The Agreement Constrains Your Answer

  • Transfer and change-of-control clauses. Moving units between entities you own can still count as a transfer requiring franchisor consent and a fee. Read those clauses before you pick a structure.
  • Development schedules. Area development agreements commit you to opening a set number of units by set dates. Missing a milestone can cost you development rights or territory even when the units you did open are doing fine.
  • The personal guarantee outlives the entity. An LLC does not protect you from what you personally guaranteed. Know the scope, the duration, and whether it survives a transfer or a termination. Franchisors frequently ask an owner’s spouse to sign as well.

The right structure depends on the agreement in front of you, not on a general rule. We read the agreement first, then build the entity to match it.

Talk Through Your Structure

DIY Filing vs Strategic Franchise Launch Support

Filing an entity is not the hard part. The hard part is making a high-quality decision before you commit to years of fees, restrictions, and operational obligations.

DIY Services ($200-500)

What you get:

  • Entity filing submitted
  • Generic template documents
  • No FDD red flag review
  • No launch strategy call with counsel
  • No ongoing legal Q and A while launching

Good for low-stakes paperwork only.

Surge Launch Plan ($975-2,875)

What you get:

  • Entity and operating structure aligned to your franchise plan
  • FDD red flag review available at bundled discount
  • Unlimited email legal support for 5 months
  • 5 monthly strategy calls with counsel
  • Support for contracts, compliance, and early growth decisions

Built for buyers who need confidence and momentum.

Choose Your Launch Plan

All plans include 5 months of support and monthly strategy calls. We will confirm fit on your consultation.

Launch Basic

Single-owner or spouse-owned franchises

  • LLC or S-Corp formation
  • Operating agreement
  • EIN registration
  • 5 months email support
  • Compliance guidance
$195/mo x 5
Get Started
Most Popular

Launch Advanced

Multi-owner franchises with partners or investors

  • LLC, corporation, or partnership
  • Advanced protections
  • Operating/partnership agreement
  • EIN registration
  • 5 months email support
$390/mo x 5
Get Started

Launch Professional

Licensed professionals and complex structures

  • PLLC or PC formation
  • Professional compliance
  • Operating agreement
  • EIN registration
  • 5 months email support
$575/mo x 5
Book a Fit Call

Context: DIY filing ($200) + one tax consult ($500) + standalone FDD review ($950) = $1,650 before ongoing support. Launch starts at $975 and includes 5 months of direct attorney access.

What Happens in the First 30 Days

Week 1: Fit and structure decisions

We confirm your launch strategy, entity structure, and immediate legal priorities.

Week 2-3: Core legal setup

We prepare and file formation documents and draft core operating documents.

Week 3-4: FDD and launch risk review

If you are evaluating a franchise package, we complete your red flag review and walk through the findings.

Book Your Free Consultation

Hands-on franchise business planning session

Franchise Attorney FAQ

How long do I have to review the FDD before I sign?
Under the FTC Franchise Rule, the franchisor must give you the Franchise Disclosure Document at least 14 calendar days before you sign a binding agreement or pay the franchisor anything (16 CFR 436.2(a)). Separately, you must receive the proposed franchise agreement with all material terms completed at least 7 calendar days before you sign it (16 CFR 436.2(b)). Both periods run in calendar days, so weekends and holidays count.
Is the 14-day window a cooling-off period?
No, and this is the most common misunderstanding we hear. The federal rule imposes a waiting period before you sign. It does not give you a right to cancel or unwind the deal after you have signed. That is exactly why the review has to happen inside the window.
The franchisor wants me to sign the day the 14 days are up. Do I have to?
No. Fourteen days is a legal minimum, not a deadline you are obligated to meet. You can take longer, and asking for more time is normal. How a franchisor responds to that request is useful information about the relationship you are about to enter.
What does it mean if the FDD has no Item 19?
Item 19 financial performance representations are optional. A franchisor that does not make one must say so in Item 19 using prescribed language. It does not prove the units perform poorly, but it does mean there is no substantiated figure you can build projections on, and that the franchisor generally has not authorized anyone to give you performance numbers verbally. Read Item 19 alongside Item 20 outlet counts and Item 21 financial statements before drawing conclusions.
Should each franchise location have its own entity?
It depends on the agreement you are signing and on your plans. Separate entities can isolate liability between locations and make it easier to sell one unit later. A single entity is simpler and often easier to finance. Franchise agreements frequently treat moving units between entities as a transfer requiring franchisor consent and a fee, so the agreement usually narrows the options before your preferences do.
Do you work with franchises outside Iowa and Texas?
Surge Business Law is licensed in Iowa and Texas. Most franchise work is handled virtually across both states. If your outlet will operate elsewhere, state franchise and registration laws may apply that we are not licensed to advise on, and we will say so and help you find qualified local counsel rather than stretch beyond our licensure.
Is the FDD review included in every Launch plan?
FDD red flag review is available as a standalone service for $950 or at a $200 discount when bundled with Launch or Momentum.
How fast can you review my FDD?
Typical turnaround is 5-7 business days after we receive the complete FDD package. Because the federal window runs in calendar days, send us the package as soon as it arrives rather than partway through the two weeks.
Do you negotiate the franchise agreement?
We identify risk areas and strategy options. Negotiation leverage depends on the franchisor and your deal context.
Who is this service best for?
Buyers making serious franchise investments who want clarity, speed, and ongoing legal support during launch.
What if I am not sure I am ready yet?
Book the consultation anyway. We can tell you quickly if you should move now, wait, or take a lower-commitment path first.

Book Your Free Consultation

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