We verbally enter a franchise agreement with Cuppy's Coffee and More base in Florida to build a store in California by there builder who reside at the same address, Elite Manufacturing, LLC. The catch was, Elite will pay the franchise fee of $25,000 if we put the down payment of $37,900 to build the store, the following day, which we did. Cuppy's Coffee and More never send a UFOC franchise agreement which is a clear violation of the FTC. The franchise was cancelled because we can't find a lender to finance building the store.
When I asked for our down payment from Elite MFG representative, in which the contract clearly states, that down payment will be return to purchaser if we can't get finance. Now there representative find a loophole in there own contract and said that it did not say that we will return the down payment in full. That there VP of operation made a mistake by not putting the down payment in an escrow, so they can return the down payment in full. He is blaming there Vice President of operations. We tried to fight it but we are here in California and we are really short in cash, so we enter into a Settlement Agreement with Elite Manufacturing, LLC that they will pay our down payment in 24 monthly installment if we drop our complaint from Better Business Bureau and Florida State Dept. of Agriculture, which we did to satisfy the Settlement Agreement. First installment payment is suppose to be paid on 12/28/07.
To date, we haven't receive any payment. I asked for it at least three times but was given a run around. Its obvious, all they wanted is the complaint to be drop. Can someone out there help us and other consumer that will fall into there trap, to have that contract change to be more specific on the return of down payment, to whether down payment will be return in full or in monthly payment. If we know that down payment will be return in monthly payment, we will not sign that contract.
Rolando
BUENA PARK, California
U.S.A.