1. Although the franchisee has paid the franchise fee, it has never obtained the franchise qualification and cannot use the intangible property licensed by the franchisor. After the contract is terminated in advance, the franchisee may exercise the right of return due to insufficient consideration of the royalty.
2. The franchisee has paid the franchise fee and obtained the franchise qualification. However, after a certain period of operation, if the contract is terminated due to the franchisor's fundamental breach of contract, the franchisee may demand compensation for the franchise fee as a loss.
3. If the contract is dissolved because the franchisor provided false information to the franchisee before signing the contract, that is, the franchisee signed the contract and paid the franchise fee after the franchisee cheated, the franchisee can exercise the right of claim for return.
legal ground
Article 16 of the Measures for the Administration of Commercial Franchise stipulates that if the franchisor requires the franchisee to pay the fee before concluding the franchise contract, it shall explain the purpose of the fee and the conditions and methods of refund to the franchisee in writing.