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Buying & Selling a Business

Does the cooling-off period for new franchisees apply if I'm just buying an existing location?

TSL Written by the Treadstone Law team· Updated August 2026

This depends on whether your specific resale actually triggers a fresh disclosure obligation, and it's not something to assume either way without review. The Arthur Wishart Act (Franchise Disclosure), 2000 ties a franchisee's rescission rights to the disclosure process — where disclosure is required and never given at all, the franchisee can generally rescind within a longer window measured from signing, and where disclosure is given late or is materially deficient, a shorter rescission window runs from when it's actually received.

Whether buying an existing location counts as receiving a "franchise" for these purposes, and therefore triggers these protections the same way a brand-new franchise grant would, depends on the structure of your specific transaction — whether you're signing a new or amended agreement with the franchisor, and whether any of the Act's narrow, fact-specific resale exemptions apply. This is genuinely transaction-specific, not a blanket yes or no.

Because rescission rights are one of the most significant protections (or exposures, from a seller's perspective) in this area, don't assume your resale is automatically covered or automatically exempt. A Treadstone business lawyer can determine how these rights actually apply to your specific deal.

Key takeaways

  • Rescission rights under the Arthur Wishart Act are tied to whether disclosure was actually required.
  • Buying an existing location may or may not count as receiving a fresh franchise, depending on the deal.
  • Narrow, fact-specific resale exemptions exist and should never be assumed to apply automatically.
  • Have your specific transaction reviewed rather than assuming rescission rights do or don't apply.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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