Checklist · Franchising & Distribution

Prospective franchisee due diligence checklist and letter of advice

Lawyer’s checklist for advising a prospective franchisee on the disclosure document, franchise agreement and lease, with a letter of advice and the independent legal adviser’s statement for s 27 of the Franchising Code.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia
AI use
Red Keep AI out of the decisive steps. A lawyer does the work.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 4 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use when acting for a person or company considering buying a new franchise. For a transfer of an existing franchise, add the sale contract and the franchisor’s consent conditions. Do not use when acting for the franchisor.

How AI may be used

Lawyer-led. AI may summarise the disclosure pack into an issues list, but the lawyer checks it against the documents and gives the advice and the s 27 statement personally.

AI may

  • Summarise the disclosure document and franchise agreement into a cited issues list
  • List questions for the franchisor from gaps and inconsistencies
  • Extract fees, levies and capex into a money table with clause references

AI must not

  • Must not assess whether the franchise is a good investment or whether earnings are achievable
  • Must not draft the s 27 adviser’s statement
  • Must not process the client’s personal financial information in an unapproved tool

The lawyer checks

  • Every issue in the letter checked against the clause or disclosure item cited
  • Client told to get business and accounting advice, and the scope of legal advice made clear
  • Statement signed only after advice was actually given

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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