Buying or selling an existing Eggsmart location in Ontario is a resale layered on top of an Ontario-founded, daytime-only breakfast franchise system — the lease and the health-unit inspection matter as much as the franchisor's own consent and right of first refusal.
Eggsmart resales follow the franchisor's own approval process on top of the usual purchase mechanics — here's how the two run together.
Getting approved
The offer sets price and structure, and should build in the conditions that matter for an Eggsmart resale: franchisor consent, landlord consent to assign, and a clean health-unit inspection — not just financing.
1–2 weeks†Eggsmart reviews the incoming owner's application, and may exercise a right of first refusal to acquire the location itself rather than let the sale proceed.
several weeks, typically†Whether an Arthur Wishart Act disclosure document applies to this specific resale gets confirmed early — Ontario courts read the resale exemption narrowly, so franchisor involvement in matching buyer to seller can still trigger a full disclosure requirement.
assessed early in the deal†Getting to closing
The landlord's consent to assign the lease runs alongside a fresh health-unit inspection or a notice of change of operator, timed around the closing date.
3–8 weeks†The incoming owner typically completes Eggsmart's kitchen and front-of-house operations training before or shortly after taking over.
before or shortly after closing†Funds, keys, and the assignment documents change hands once every condition clears, alongside a food and supplies inventory count settled at cost.
1 day, once conditions are met†CFA Look For A Franchise listing confirms an active Canadian franchise network, established 2008
Ontario-founded breakfast chain with locations concentrated in the province
This is the first real decision in a Eggsmart resale — and it changes what you're buying, what you're taking on, and how the franchise agreement moves.
| Question | Asset purchase | Share purchase |
|---|---|---|
| What you buy | The location's assets — kitchen equipment, leasehold improvements, inventory, and the existing franchise agreement's benefit, subject to franchisor consent. | The shares of the operating company that holds the location — everything it owns, and everything it owes. |
| Franchisor consent & ROFR | Required for the specific location changing hands — often the pacing condition on the whole deal. | Required for the change of control itself — the franchisor reviews who is actually taking over. |
| Arthur Wishart disclosure | May still be required even where the deal is framed as a private resale — the exemption is read narrowly. | Assessed the same way regardless of how the shares change hands. |
| The lease | Needs the landlord's consent to assign — often the pacing item for the whole closing. | Usually stays in place unless the lease itself has a change-of-control clause. |
| Tax angle | Buyer gets a stepped-up cost base on the assets purchased. | Seller may access the lifetime capital gains exemption on qualifying shares. |
| Typical use in an Eggsmart resale | The default for a single location changing hands between one buyer and one seller. | More common where an owner holding several locations sells the operating company as a whole. |
The location's assets — kitchen equipment, leasehold improvements, inventory, and the existing franchise agreement's benefit, subject to franchisor consent.
The shares of the operating company that holds the location — everything it owns, and everything it owes.
Required for the specific location changing hands — often the pacing condition on the whole deal.
Required for the change of control itself — the franchisor reviews who is actually taking over.
May still be required even where the deal is framed as a private resale — the exemption is read narrowly.
Assessed the same way regardless of how the shares change hands.
Needs the landlord's consent to assign — often the pacing item for the whole closing.
Usually stays in place unless the lease itself has a change-of-control clause.
Buyer gets a stepped-up cost base on the assets purchased.
Seller may access the lifetime capital gains exemption on qualifying shares.
The default for a single location changing hands between one buyer and one seller.
More common where an owner holding several locations sells the operating company as a whole.
We tell you which structure fits — before you sign anything.
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 Eggsmart location changing hands between one buyer and one seller, with a straightforward lease.
Start my file →A multi-location Eggsmart owner selling the operating company together, or a resale that first needs the franchisor's right-of-first-refusal or disclosure question worked through.
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.
Not necessarily. Ontario courts have read the resale-disclosure exemption narrowly, and franchisor involvement in matching a buyer to a seller can be enough to trigger a full disclosure requirement anyway. Whether it applies to your deal is confirmed early, not assumed.
Not the legal steps themselves, but it does affect how staffing and the lease's hours-of-operation clauses get reviewed — a breakfast-and-lunch-only format typically has a different staffing rhythm than an all-day restaurant, which is worth factoring into normalized earnings and staff continuity planning.
Eggsmart is generally a full-service, sit-down breakfast and lunch format, which means the lease, equipment, and staffing diligence look more like a traditional restaurant resale than a kiosk or counter-service unit.
A resale is an existing, already-equipped location changing ownership — there's no build-out to plan for, which is typically why a resale closes faster than opening a brand-new location.
Not automatically — it depends on how the seller's corporate structure is set up. Some operators hold each location in a separate entity, in which case a share sale only captures the one you're buying; we confirm the actual structure before assuming it does or doesn't include other locations.
Related
Where we close franchise resale deals
Treadstone Law is an independent law firm. We act for buyers and sellers of franchise businesses. We are not affiliated with, endorsed by, or retained by Eggsmart or its franchisor.
Tell us about your Eggsmart resale — we'll point you the right way and confirm the cost in writing before any work begins.