1982 Franchise Opinions
The Business Law Section is compiling the complete Interpretive Opinions concerning franchise issues from the State of California Department of Corporations.
Here is the archive for 1982. The archive for this year is complete.
- Opinion No. 82 / 1F - January 11, 1982
Summary: Optional programs offered by putative franchisor and purchased by its dealers outside of their "required purchases" were still considered part of the franchise fee if it could be reasonable to assume that dealer will make these purchases in the operation of their businesses. Further, the control exercised by putative franchisor over dealers with respect to advertising its products was sufficient to satisfy Section 31005.
Key Words: Dealer network, warranty, franchise fee, 31005, 31011, Rule 310.011, Release 3-F, control, option, assume, reasonable, marketing plan, system
- Opinion No. 82 / 2F - November 23, 1982
Summary: The sale of dealerships in which no franchise fee was paid and all merchandise sold by manufacturer to dealer was sold at a bona fide wholesale price did not constitute an offer or sale of a franchise even when all of the other elements of a franchise had been met.
Key Words: Bona fide wholesale price, Release 3-F, franchise fee, 31011, 31005
- Opinion No. 82 / 3F - November 26, 1982
Summary: Third-party manufacturer's exclusive sale of products to putative franchisor did not constitute a franchise under Section 31005 because only putative franchisor will be recognized by the public.
Key Words: 31005, license agreement, retail price