Just what is a business
opportunity? The same relationship exists between business opportunities,
independent businesses for sale and franchises. All franchises and independent
businesses for sale are business opportunities, but not all business
opportunities meet the requirement of being a franchise nor are they in the
strictest sense of the word independent businesses for sale.
Not every state with a
business opportunity law defines the term in the same manner. 1. A business
opportunity involves the sale or lease of any product, service, equipment, etc.
that will enable the purchaser-licensee to begin a business.
2. The licensor or
seller of a business opportunity declares that it will secure or assist the
buyer in finding a suitable location or provide the product to the
purchaser-licensee.
5. The licensor-seller
promises to buy back any product purchased by the licensee-buyer in the event
it cannot be sold to the prospective customers of the business.
6. Any products or
services developed by the seller-licensor will be purchased by the
licensee-buyer.
7. The licensor-seller
of the business opportunity will supply a sales or marketing program for the
licensee-buyer that many times will include the use of a trade name or
trademark.
The laws covering
business opportunity ventures usually exclude the sale of an independent
business by its owner. This act defines business offerings in three formats:
package franchises, product franchises and business opportunity ventures.
In order to be a
business opportunity venture under the FTC rule, four elements must be present:
1. The individual who
buys a business opportunity, often referred to as a licensee or franchisee,
must distribute or sell goods or services supplied by the licenser or
franchisor.
You can readily see that
the sale of business opportunities as defined by the FTC rule is quite different
from the sale of an independent business. When you're dealing with the sale of
an independent business, the buyer has no obligations to the seller. Business
opportunity ventures, like franchises, are businesses in which the seller makes
a commitment of continuing involvement with the buyer.
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