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CAverage40/100FDD 2026

HomeTeam: Litigation & Risk

Real Estate · FDD Items 3, 4 & 5

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Moderate: Review

1 case disclosed in FDD Items 3 and 4.

Source: FDD Items 3–5

FDD Items 3 & 4

Litigation Metrics

Cases disclosed
1
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
None
Franchisor or officer bankruptcy
Verdict score
40 / 100
FranchiseVerdict composite · higher is better
Rating
C
A / B / C / D / F verdict grade

7(a) FOIA data · FY2020–present

SBA Loan Performance

Aggregated from public SBA 7(a) loan disclosures. Charge-off rate is the share of loans that were charged off or settled for less than the full balance.

Total 7(a) loans
26
Government-backed loans issued
Charge-off rate
25.0%
vs 16% franchise average
5-yr charge-off rate
N/A
Defaults
3 loans
Loans charged off or defaulted
Total loan volume
$3.0M
Avg loan size
$116K
Participating lenders
16

FDD Items 5, 6 & 17: What You Give Up

Contract Risk Indicators

Mandatory arbitration
Not required
You retain the right to sue in court
Jury trial waiver
Waived
You give up the right to a jury trial
Non-compete
2 yrs
Post-termination restriction on similar businesses
Franchisor can compete
Yes
Franchisor can open competing locations in or near your territory
Right of first refusal
Yes
Franchisor can match any purchase offer when you try to sell
Governing law
OH
State whose law governs disputes. Relevant if you're not based there

Extracted from FDD Item 3

Litigation Detail

One Consent Order with California Commissioner of Financial Protection and Innovation (May 2022) regarding franchisor's CPA not being registered as a public accounting firm in Ohio; administrative penalty of $10,000 paid.

What drove the 40/100 verdict

Risk Score Breakdown

  1. 01MINORUnit count declining 4.5% YoY (191 units) indicates system contraction and potential franchisee struggles
  2. 02MEDNo disclosed net income data prevents ROI validation; with $252K avg revenue and 6% royalty, actual profitability is opaque
  3. 03MINORRegulatory compliance issue in May 2022 (California Consent Order, $10K penalty) suggests operational/governance gaps
  4. 04MEDHigh initial investment ($65-91K) relative to disclosed average revenue creates breakeven pressure
  5. 05MINOR10-year term with 6% royalty on declining unit base raises sustainability concerns

Severity inferred from FDD text. Not a regulatory or legal classification

Litigation data from FDD Items 3, 4, and 5. SBA data from public 7(a) FOIA records (FY2020–present). Not legal advice. Consult a franchise attorney before signing any franchise agreement.