If you’re considering purchasing a gas station, great idea! Now the important question is whether you should purchase a franchise or an independent. To ensure you’re making the best choice, take a bit of time thinking about comprehensive answers to questions similar to these . . .
Question #1: Who is on the hook for environmental problems?
Environmental compliance situations are the most significant issues in buying a station. If you run afoul of environmental laws, and have to pay for costly clean-ups or new equipment, it could be the end of your enterprise. I’m not exaggerating! Here are a few instances that you may not have considered . . .
• Underground leaks. If one of your tanks springs a leak, who pays out for the cleanup - you, or the gas company you purchased the franchise from?
• New equipment. If every station across your state is immediately required by law to hook up a new kind of vent for underground tanks, you’ll have to pay out for that new equipment if you’re an independent station.
• Site remediation. If you sell your station, who pays for removing the underground tanks, cleaning up the soil and getting the certification that states your property’s remediation (clean up) has been approved by the state?
Question #2: If you buy a franchise, can you stop worrying about environmental problems?
In general, the answer to this question is yes. Your parent company (Exxon, Mobil, etc.) will install any new equipment that the state requires, and will step in to do the clean-up if one of your tanks suddenly develops a leak underground.
However, you should never make any assumptions in this area. You and your attorney have to comb through your franchising agreement to understand exactly what’s covered, and what’s not!
Question #3: If I’m buying an independent, what do I really own?
If you buy a small independent station with no ties to a major brand of gasoline, the answer to that question is relatively straightforward. You’re probably buying the business as an entity, as well as the real estate where the business is located, along with the tanks, pumps and other equipment that you’ll need to sell gasoline. However, the picture can become complicated somewhat if you are buying the business, but not the real estate (land, buildings). You and your attorney need to pin everything down.
Question #4: If I am buying a franchise station, what do I really own?
The answers to this question can be more complicated than you’d expect. After you purchase, for instance, you may find that you own the building – but not the land and equipment, which are still owned entirely by the parent organization. Or you could lease the building and the land, but have the canopies, pumps and other equipment owned by the parent company.
Bear in mind, different franchising companies structure their ownership packages in different ways. To discover whether or not the deal is good for you, you should study all franchise plans and documents very carefully with your attorney.
Question #5: If it’s a franchise, who pays for what?
If you purchase a franchise, you will likely be more than surprised to discover all the things that your parent organization expects you to pay out for. Some or all of these items might not be covered, so be sure to ask ahead of time:
1. Insurance and Repairs – You may have to pay to insure and maintain the parent company’s pumps, signs and canopies.
2. Rent Increases – If the parent company leases you the premises, be prepared to get socked with large rent increases every two or three years. Try to get these terms spelled out in the franchise agreement.
3. Promotional Items – When the parent company decides to sell a new kind of coffee in your convenience store, or to offer special gas discounts on Tuesdays, and decides to advertise those offerings with special signs – will you be required to pay for them?
4. Payroll and Benefits – Don’t expect the parent company to pay salaries or provide benefits for your employees. It’s the one area where you’ll find that you’re suddenly operating like an independent business.
Richard Parker is the author of the How to Buy a Good Business at a Great Price series. As President and founder of Diomo Corporation - The Business Buyer Resource Center, his materials, seminars and consulting have helped thousands of business buyers realize their dream of buying a business.