It's easy to get a refund when your seller has broken a state or federal law.

For example: Some states have escrow rules. Some states have registration rules. Some states require that a 3-day money-back guarantee document be given to you.

Many states require that a complete disclosure document with financial statements and other information be given to you ten days before you sign anything. Did you receive one?

Violating some of these rules are criminal actions in many states and can land the seller in jail. If your seller violated ANY of these laws, you could have your refund in a matter of days.

Do you see how having access to a chart with all these laws summarized could quickly get you a refund? Quote just one of the laws your seller violated and he will realize he doesn't have a leg to stand on. Your refund check could go out in today's mail.

Here are the FTC laws and the laws for each state.

Find the strong points in your case . . .
Why are you legally entitled to a refund?

Of course, whatever your reason for actually wanting a refund, your best bet of getting a refund is to find legal grounds showing why you’re entitled to one.

Look at the Federal Trade Commission (FTC) rules and laws governing Franchises and Business Opportunity sales. Next, look at the additional laws (if any) that are specially for your state (or the Sellers state if you traveled there to sign the contract, take delivery, or even to hear a sales presentation. Several states have Franchise and Business Opportunity laws and the seller must comply with both the FTC laws and the applicable state laws.

Sometimes it can come down to a technicality as far as which state laws apply. Maybe start your negotiating assuming that the laws the give you the best advantage are the ones that apply.

The next step is to get your contract out and review it in detail. See what laws were violated. This is where you decide if you have any legal grounds to get a refund. I think that if you look carefully, you will find several violations the seller made.

Remember, study everything on this Web Site so you will know what to look for. This is where you find out how strong your case really is.

Which laws and/or rules did the seller violate?

This section is the key to your whole case. Review it and then go to the “FTC and state laws section. and study the FTC laws and rules. Then study the laws for both your state and the seller’s state. Of course, some states don’t have any special Franchise or Business Opportunity laws.

Almost all states have what is called Little FTC Acts. Take a look at this section.

Next, take a look at your contract. It probably has a statement something like “This agreement is governed by the laws of the state of (Seller’s state).

Compare the laws of your state with the laws of the seller’s state. If the laws of the seller’s state are more in your favor, then use these as the basis of your case.

If the laws of your state are stronger and more in your favor, then base your case on the laws of your state.

When it comes down to the bottom line, there are some gray areas as to which laws should apply. The general rule is if the seller conducted any business in your state, you can sue in your state and the seller must comply with the laws of your state.

If the seller ran an ad in your state or came to your state to make a sales presentation or if the contract was signed in your state, then any of these acts help establish the fact that the seller did business in your state.

As soon as you find a clear-cut violation of any federal or state law, you have a strong case for getting a refund. But don’t stop at the first violation. Go ahead and find as many as you can. This just makes your case stronger.

Here are some of the more common violations to look for:

• Did the Seller give you a FTC disclosure at least 10 business days before you paid any money or signed a contract?
• Did the Seller give you a Disclosure or Addendum for your state (if it is required)?
• Did the Seller deliver everything in the time period specified?
• Did the Seller make ANY earnings claims? This is a very important area. Be sure to read all of the rules about what actually constitutes an earnings claim. In my opinion, most sellers violate this law. This is particularly true with the new way the Federal courts have interpreted this law.
• Did the Seller actually place your money in an escrow account as required in some states? (Georgia, for example.)
• Did the Seller take the full amount of the purchase price before he delivered everything? (Ohio, for example.)
• Did the Seller give you the required papers showing you that you were entitled to get your money back? (Kentucky and Ohio, for example.)
• Were both the company and the salesperson bonded as required in some states? (Louisiana, for example.)
• Did the Seller provide you with audited financial statements? (Audited financial statements are required for all franchise sales and for business opportunity sales in many states. (OK, MD, CT, IL, ME, NH and many others.)

Keep in mind that a violation of a Federal Trade Commission (FTC) law does NOT give you a legal right to cancel or rescind the contract and get a refund like most state laws and "Little FTC Acts" do, but FTC violations does give you a very strong negotiating position. Sellers don't want to be reported to the FTC. If the FTC gets very many complaints against a Seller, they can start investigating the Seller.

You may be mad and frustrated because the Seller, didn’t return phone calls, the materials (both product and training) were not of good quality, there was more work involved or it was harder to sell the products or services than you were led to believe or you found you could buy it cheaper.

All of these may be true, but they are probably not illegal and your case would be very weak based on these types of complaints. Base your case of sound legal violations of the law and you will find it easy to get your refund.

One last point to consider; There are many honest and legitimate Franchise and Business Opportunity Sellers. Just because you got “buyer's remorse” or you are not making money with your new business is not a reason why you are entitled to a refund.

The US Chamber of Commerce states the 80% of all new business fail. It’s not as easy as everyone thinks to own your own business and make money. There’s an old saying that goes like this, “When you own your own business, you only have to work half a day . . . and the best part is that it doesn’t matter which 12 hours a day you work.”

You are a grown person and you knew that there was no guarantee you would make money with your new business. Seriously look at whose fault it is that you are not making money. Of course, if it really is the Seller’s fault, go after him with both barrels blazing and get your refund. But, if it’s mostly your fault, you are a grown person, accept the responsibility and get on with life.

It’s not easy to start a business and make it successful, if it was, everyone would do it. Owning a successful business takes hard work, determination, some education from the school of hard knocks and sometimes even luck.

Don’t feel bad if you didn’t succeed on your first venture. You’ve learned a lot now you know more about how to be successful the next time.

One interesting point is that many, if not most, successful business owners were not successful with their first business venture. But they learned from their failures, accepted responsibility and went on to become successful business owners.

Now, I’ll get off of my soapbox and get back to showing you how to get your refund.

Look closely at the FTC and state laws.  Did the seller violate any law that pertains to you?  If he did and you can prove it, you have a very strong case.  Go for it. Now you have the right information to make it happen./p>