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Kumareshan (Manager)     18 March 2011

Franchisee agreement

Hello Sir,

I have signed a LOI (Letter if intent, in my companies letter head)  with a company as Master franchisee for the region and have paid an amount of 3 lac where the actual fee was 7 lac. they had told  on signing the LOI that they will do the agreement in 15 days time and they did not do the same, they had given all false commitment and now that i want to quit from the MF. But in LOI it is mentioned that the amount is non refundable amount and it is license fee for 2 yrs. Is the LOI stands valid or can i get my money back  as they have not done the agreement till date. Kindly let me know at the earliest.

 



Learning

 3 Replies

M.Sheik Mohammed Ali (advocate)     18 March 2011

send the notice to the company what you aforesaid, the make case against the company, it will help sure.

Nagaraja B S (Corporate Commercial & IP Lawyer)     19 March 2011

 

Dear User,

An explaination for LOI

A letter of intent or LOI is a document outlining an agreement between two or more parties before the agreement is finalized. The concept is similar to the so-called heads of agreement. Such agreements may be Asset Purchase Agreements, Share Purchase Agreements, Joint-Venture Agreements and overall all Agreements which aim at closing a financially large deal.

LOIs resemble written contracts, but are usually not binding on the parties in their entirety. Many LOIs, however, contain provisions that are binding, such as non-disclosure agreements, a covenant to negotiate in good faith, or a "stand-still" or "no-shop" provision promising exclusive rights to negotiate. A LOI may also be interpreted as binding the parties if it too closely resembles a formal contract.

The purposes of an LOI may be:

  • to clarify the key points of a complex transaction for the convenience of the parties
  • to declare officially that the parties are currently negotiating, as in a merger or joint venture proposal
  • to provide safeguards in case a deal collapses during negotiation

Definitely, you can send a notice through a lawyer. LOI should not hold good as contract agreement. If they do not settle through notice, you can definitely file a suit against them.


Feel free to contact me, if you need further details / clarifications

Thanks

Nagaraj

Trademark Attorney & IP Lawyer

IP Lex Global Services

Email: nagaraja_bs@iplexglobal.in

Mob: 9902007635

Manish Singh (Advocate)     22 March 2011

The LoI holds good legal value in terms of agreement in your case. You can file a suit under Specific Relief Act.


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