Durham's franchise resale activity is concentrated in its fast-growing bedroom communities — Ajax, Whitby and Pickering — where restaurant and retail-format franchise units serve an expanding commuter population, while Oshawa's automotive-manufacturing and trades legacy supports a steadier base of service-format franchise activity. A buyer in Durham's growth communities is often looking at a comparatively newer plaza than the older commercial stock found closer to Oshawa's core.
Durham Region franchise resales, in the full business-sale context.
Durham Region's franchise corridors run through the newer retail plazas built alongside its growth communities along the Highway 401 and 407 corridors, where commuter traffic supports a steady base of quick-service and retail-format franchise turnover. Oshawa's automotive-manufacturing and trades history adds a layer of service-format franchise activity — auto-related and trades-adjacent brands — distinct from the newer restaurant and retail units further east. The more rural municipalities — Scugog, Uxbridge and Brock — support smaller, single-unit franchise activity rather than the plaza density found in Ajax, Whitby and Pickering. A buyer should expect a newer plaza in Durham's growth communities to still require the same franchisor consent process as an older, established unit.
Getting approved
Buyer and seller agree on price and key terms for the specific location, usually with a site visit and a first look at the lease built into the conditions from the start.
usually 1–2 weeks†The buyer applies formally to the franchisor — financials, experience, and background — while the franchisor decides whether to approve the transfer or exercise a right of first refusal instead.
3–8 weeks, often the critical path†A franchise disclosure document may still be required — Ontario courts read the resale exemption narrowly, so this gets confirmed early rather than assumed.
assessed early, runs in parallel†Getting to closing
Landlord consent to assign the lease into the buyer's name runs alongside the franchisor's own review. In Durham's growth communities, a landlord finalizing standard lease terms in a still-developing plaza can add its own time alongside the franchisor's consent process, particularly in newer sections of Ajax and Whitby.
2–6 weeks†The incoming owner, or a designated manager, typically completes the franchisor's operator training before or shortly after taking over the location.
1–3 weeks†Funds, keys, and the transfer paperwork change hands, with an equipment and inventory count settled the same day.
1 day, once conditions are met†This is the first real decision in a Durham Region franchise resale — and it changes what you're buying, what you're taking on, and how the franchise agreement moves.
| Question | Asset purchase | Share purchase |
|---|---|---|
| Franchise agreement & ROFR | Typically re-issued or assigned to the buyer for this specific location, subject to franchisor consent and any right of first refusal. | Generally stays in place — the franchisor's consent to the change of control is still required. |
| Lease | Assigned into the buyer's name with landlord consent. | Usually stays in place, unless the lease has its own change-of-control clause. |
| Seller's liabilities | Generally stay behind with the seller's corporation. | Generally come with the company, known and unknown. |
| Tax angle | A stepped-up cost base on the assets purchased; an HST s.167 election may apply. | Cost base carries over from the seller, who may access the lifetime capital gains exemption on qualifying small business shares. |
| Staff | Employment Standards Act continuity rules typically apply. | Employment generally continues uninterrupted — the employer doesn't change. |
Typically re-issued or assigned to the buyer for this specific location, subject to franchisor consent and any right of first refusal.
Generally stays in place — the franchisor's consent to the change of control is still required.
Assigned into the buyer's name with landlord consent.
Usually stays in place, unless the lease has its own change-of-control clause.
Generally stay behind with the seller's corporation.
Generally come with the company, known and unknown.
A stepped-up cost base on the assets purchased; an HST s.167 election may apply.
Cost base carries over from the seller, who may access the lifetime capital gains exemption on qualifying small business shares.
Employment Standards Act continuity rules typically apply.
Employment generally continues uninterrupted — the employer doesn't change.
We tell you which structure fits — before you sign anything.
Every figure below traces to a named public source — no estimates, no filler.
†Typical patterns across Ontario deals — not a quote or advice; every deal is confirmed on its own facts.
Sector by sector, the resale brands we handle most often — every deal is confirmed on its own facts regardless of brand.
Quick-Service & Fast Food
Business Services
Automotive
Pizza
Coffee & Bakery
Education & Tutoring
Health & Beauty
Senior & Home Care
Real Estate Services
Cleaning
Fitness
Pet Care
It does — Oshawa's trades and manufacturing legacy supports a steadier base of service-format franchise activity, including auto-related and trades-adjacent brands, distinct from the newer restaurant and retail plazas built in Durham's growth communities further east.
The buildings differ, but the process doesn't change much — a newer plaza landlord still needs to formally consent to the lease assignment, and the franchisor's own consent process applies regardless of how new the location is. We confirm both sets of requirements early.
It tends toward smaller, single-unit franchise operations serving local populations rather than the plaza-format density found in Ajax, Whitby and Pickering. A resale in these areas is more likely to turn on a single local landlord's own timeline than an institutional plaza's process.
Not automatically — whether the resale-disclosure exemption applies depends on the specific facts of your deal, and Ontario courts have read it narrowly. We assess this early rather than assuming it applies.
No open-ended hourly surprises — the cost is confirmed in writing before any work begins.
| Type of work | Fee | How it's confirmed |
|---|---|---|
| Straightforward purchase or sale | Starting from $3,388.87 Our charges · taxes included | Confirmed in writing once we see the agreement. |
| Larger or more complex deal | Quoted to scope | Short call → fixed written quote before any work begins. |
| Searches, filings & third-party fees | At cost | Itemized on your invoice, not marked up. |
A single restaurant or retail franchise unit in an Ajax or Whitby plaza changing hands between one buyer and one seller, with a standard landlord assignment and franchisor consent process.
Start my file →An operator selling several franchise locations across Durham's growth communities as one group, or a resale involving an Oshawa service-format unit where a trades-adjacent franchisor's standards need to be worked through alongside the landlord's own consent.
Book a consultation →Not sure which you are? That's our job to figure out, not yours. As a rough guide, most deals under a couple of million dollars are the first kind — above that, you're usually in Mergers & Acquisitions territory.
We are an independent law firm and are not affiliated with any franchisor.
Tell us about your Durham Region franchise resale — we'll point you the right way and confirm the cost in writing before any work begins.