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CAverage40/100FDD 2026

Street Corner: Litigation & Risk

Retail · FDD Items 3, 4 & 5

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Elevated Risk

2 cases disclosed in FDD Items 3 and 4. Bankruptcy disclosed in Item 4.

Source: FDD Items 3–5

FDD Items 3 & 4

Litigation Metrics

Cases disclosed
2
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
Disclosed
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
2
Government-backed loans issued
Charge-off rate
N/A
vs 16% franchise average
5-yr charge-off rate
N/A
Defaults
N/A
Loans charged off or defaulted
Total loan volume
$607K
Avg loan size
$303K
Participating lenders
2

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

Contract Risk Indicators

Mandatory arbitration
Required
Disputes resolved outside court, limits your legal options
Jury trial waiver
Waived
You give up the right to a jury trial
Non-compete
1.3 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
Kansas
State whose law governs disputes. Relevant if you're not based there

Extracted from FDD Item 3

Litigation Detail

1 case reference(s): 0 pending, 0 settled.

What drove the 40/100 verdict

Risk Score Breakdown

  1. 01MINORRegulatory consent order (CA DFPI 2022) - worse than routine suit
  2. 02HIGHCEO personal Chapter 7 bankruptcy (2024, discharged) - officer-level, recent
  3. 03MINORNo Item 19 disclosure
  4. 04MINORSharp unit contraction -29.4% across small 24-unit system
  5. 05MINORMitigants: positive net income $107,434, audited

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.