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3. If
opportunity doesn't fall within
federal or state definitions of what constitutes a franchise, if it's being offered in one of
states with business opportunity laws on its books which requires disclosure documents to be filed with
state, check that it has been. If not, assume
opportunity's a fraud until proven otherwise. If
state doesn't require filing, and
company doesn't provide you with a disclosure document when you ask for one, again assume
opportunity's a fraud until proven otherwise.
Also, bear in mind that just because your state may not have business opportunity disclosure laws, other states do. Many business opportunities are offered nationally. Where that's
case, make enquiries of
states that do have business opportunity disclosure laws to see if
company has complied. If it has, that should provide some comfort (all other things being equal).
The above approach is kind of an initial disqualifying round. If
opportunity is required to provide some form of disclosure and fails to do so, that's a big red flag.
Of course, just because you receive
disclosure document doesn't necessarily mean that this is a good business opportunity for you. All it does is (theoretically) provide you with enough information from which you can make your determination. At
end of
day, you must still exercise your own good judgment.
There are still going to be situations where a disclosure document is not required to be provided though, simply because
opportunity is not a franchise and it's not being offered in a state that has business opportunity disclosure laws.
So, here's a 10-point checklist of things to do and check when you have nothing else to rely on. In fact, they're a good idea even if you do have a disclosure document to review. Any inconsistency between
disclosure document and your own investigations gives you another question to ask.
1. Check with
BBB in
city in which
company is based. Although no complaints don't necessarily mean anything, complaints that have been filed do.
2. Check with D&B. Again, although a good report doesn't necessarily mean anything, a bad one does.
3. Check with
Chamber of Commerce in
city in which
company is based. Whether
company is a member or not doesn't mean anything but you can still ask about their reputation or whether there's any reason why someone shouldn't do business with them.
4. Check with your state's Attorney General's office and Secretary of State for any complaints or pending investigations.
5. Ask for a list of references of previous local purchasers including name, address, telephone number and when they entered into
opportunity. Make it clear that you want a list of people you can meet face to face. If
company is reluctant to provide this, be suspicious.
6. If your opportunity is being presented on a web site, check to make sure there is a physical address (not just a post office box) and contact telephone numbers. And check them out.
7. Look carefully at
business experience of
management behind your opportunity. If they leave a trail of short-term ventures in their wake this could be a sign they're either not particularly good at what they do or they have to move on frequently (if you get my drift). Also, look for specifics - names, dates, places. Vague statements like "10 years experience in
widget industry" are meaningless. Ask for details. Who, what, when, where and why (did you leave?).
8. Beware vague, generalized or evasive answers to due diligence questions that require simple factual answers. You want to hear "123 Main Street, Suite 405, Your Town" in response to
question, "What is your corporate address?". If you get a "Why do you want to know?" instead, move on.
9. Beware policies that require payment for product and/or supplies by check or money order only. By not accepting credit cards,
ability dispute charges for defective or non-existent product is eliminated.
10. Most important of all, trust your gut instinct. If it all just sounds too good to be true, it probably is.
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Elena Fawkner is editor of A Home-Based Business Online ... practical business ideas, opportunities and solutions for
work-from-home entrepreneur. http://www.ahbbo.com

Elena Fawkner is editor of A Home-Based Business Online ... practical business ideas, opportunities and solutions for the work-from-home entrepreneur. http://www.ahbbo.com