|
Hey,
CertaPro franchisee, how are you doin'? 
If
you are doing well:
Congratulations!
If
you are just barely hanging in there, you may have complaints
or concerns.
It probably won't get any better,
in my opinion and experience.
This is not a time to let pride
and determination rule.
Be a realist or be prepared
to lose even more money.
Or, like possibly hundreds of
others, be prepared to get out.
Complaints About CertaPro?
Ready to call it quits?.
You probably have three viable
options:
1. Negotiate
with CertaPro for the lowest possible payment
for
your remaining annual franchise fees. I suspect they
may
be
willing to let you off cheap if you agree to sign their
non-disclosure
agreement
(the non-disclosure agreement effectively shuts you
up;
it
will probably prohibit you from voicing complaints about
CertaPro).
2.
Consult an attorney about misrepresentation.
Did they make false
representations to you? (Like how much you could expect
to earn,
your
profit on jobs, etc.) If so, you may have legitimate
complaints
against
CertaPro. See
an attorney who is experienced in
dealing
with franchises. The experience part is important, in
my opinion.
Don't
waste your time with some lawyer who does divorces and
wills .
3.
Declare bankruptcy. Include CertaPro's money
demands in
the bankruptcy. Get their demands in writing.
Bankruptcy is not the end of the world,
especially
if it's business-related.
I recommend
seeing an attorney in any case. You may be nearly broke,
but many attorneys offer a free initial consultation.
Can
you just walk away?
- They may sue you. I
believe they have done so.
If they
do, be sure to show up for the hearing or they may win
a default
judgement (default = they win because you didn't appear).
They
might decide to sue you.
Here
are a few examples of the basis for their lawsuits.
Here
is information about one franchisee who wanted out
and got sued.
Don't
expect them to "understand" your situation.
Find
a lawyer.
Filing
a complaint with the FTC
- Consider
filing a complaint with the FTC regarding any
misrepresentation.
Consider
participating in a group action
Update: CertaPro must fear this possiblity. I
belive their recent
franchise
agreements require that you agree to not participate
in
a class action.
Classy franchise, eh?
Misrepresentation:
- If CertaPro lied to
you about the franchise, what to expect, how
they would
help, etc., you may be able to sue for misrepresentation.
Consult an
attorney experienced in franchises. The experience
part is important!
There may be a 2-year statute of limitations (from
the time you
first suspected misrepresentation).
Don't
beat yourself up.
- You're not the first,
and, in my opinion, you won't be the last.
In my opinion,
you're part of a not-so-exclusive club with
perhaps hundreds
of members.
Get ready for the annual "Didn't
Follow The Plan" convention
for former CertaPro franchisees:
Nominations
now being accepted for the following awards:
-
Failure of the Year Award: Spent the most money.
-
Distance Award: Traveled farthest to move back
to parents' home.
-
Stamina Award: Lasted longest with the least
credit card debt.
-
Mr./ Ms. Gulllible Award: Lasted longest and
accumlated the most
debt.
-
No Fingernails Award: Least time spent removing
wrap.
-
Lucky You Award: Got the most for used van (or
truck).
-
Garage Sale Award: Got the most from selling
used equipment.
-
Perseverence Award: Lasted longest before using
anti-depressants.
-
Bankruptcy Award: Declared the most debt.
Registration
fee: Any loose change you may have left.
Guest
speaker: Bernie Madoff (via Skype).
Location:
Motel 6 (We're all sharing one room).
Awards
dinner will be held at McDonald's or Waffle House.
Tuxedos
are optional for the awards dinner.
|