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Subdivision 1.Applicable sales and offers to sell or purchase.
The provisions of sections 80C.01 to 80C.22 concerning sales and offers to sell shall apply when a sale or offer to sell is made in this state; when an offer to purchase is made and accepted in this state; or when the franchise is to be located in this state.
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Subd. 2.Offer to sell or purchase made in state.
For the purpose of sections 80C.01 to 80C.22, an offer to sell or to purchase is made in this state, whether or not either party is then present in this state, when the offer originates from this state or is directed by the offeror to this state and received by the offeree in this state.
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Subd. 3.Offer to purchase or sell accepted in state.
For the purpose of this section, an offer to purchase or to sell is accepted in this state when acceptance is communicated to the offeror in this state, and has not previously been communicated to the offeror, orally or in writing, outside this state; and acceptance is communicated to the offeror in this state, whether or not either party is then present in this state, when the offeree directs it to the offeror in this state reasonably believing the offeror to be in this state and it is received by the offeror in this state.
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Subd. 4.Offer to sell or purchase not made in state.
An offer to sell or to purchase is not made in this state when the publisher circulates or there is circulated in the publisher's behalf in this state any bona fide newspaper or other publication of general, regular and paid circulation which is not published in this state, or when a radio or television program originating outside this state is received in this state.
Notes of Decisions
Martin Investors, Inc. v. Vander Bie, 269 N.W.2d 868 (Minn. 1978).
· cites it 8× “§ 80C.19. 5 Upon the record before us, we find that both of these alternative preconditions to the act’s jurisdiction are satisfied.”
Wave Form Sys., Inc. v. AMS Sales Corp., 73 F. Supp. 3d 1052 (D. Minnesota 2014).
· cites it 6× “The MFA is intended to Protect Franchisees Located in Minnesota The scope of the MFA is set forth in Minn.Stat. § 80C.19. Subdivision 1 states that the MFA applies to sales and offers to sell “when a sale or offer to sell is made in this state; when an offer to purchase is made…”
Healy v. Carlson Travel Network Assocs., Inc., 227 F. Supp. 2d 1080 (D. Minnesota 2002).
· cites it 4× “” Minn.Stat. § 80C.19 Subd. 1 (2001). Hea *1088 ly makes two claims under the MFA and the regulations promulgated thereunder.”
Chase Manhattan Bank, N.A. v. Clusiau Sales & Rental, Inc., 308 N.W.2d 490 (Minn. 1981).
· cites it 2× “22_ Plaintiff contends, however, that Clusiau did not prove that Scotti had offered or sold the franchise within the meaning of this section and of Minn.Stat. § 80C.19(2) (1980), which provides: For the purpose of sections 80C.”
Bores v. Domino's Pizza LLC, 489 F. Supp. 2d 940 (D. Minnesota 2007).
· cites it 2× “at 29-31 (citing, inter alia, Minn.Stat. § 80C.19, subd. 1).) The corporate Plaintiffs concede that the Act applies only to Blue Earth.”
LG2, LLC v. Am. Dairy Queen Corp. (D. Minnesota 2023).
· cites it 6× “” Minn. Stat. § 80C.19, subdiv. 1. Judge Wright included in her order a footnote, which reads: LG2 provides as an exhibit to its opposition to ADQ’s motion a copy of ADQ’s System Standards and Operations Manual (the Manual).”
LG2, LLC v. Am. Dairy Queen Corp. (D. Minnesota 2023).
· cites it 5× “” Minn. Stat. § 80C.19, subdiv. 1. “[A]n offer to sell or to purchase is made in this state, whether or not either party is then present in this state, when the offer originates from this state or is directed by the offeror to this state and received by the offeree in this state.”
LG2, LLC v. Am. Dairy Queen Corp. (D. Minnesota 2023).
· cites it 5× “” Minn. Stat. § 80C.19, subdiv. 1. “[A]n offer to sell or to purchase is made in this state, whether or not either party is then present in this state, when the offer originates from this state or is directed by the offeror to this state and received by the offeree in this state.”
Best W. Int'l Inc. v. Twin City Lodging LLC (D. Ariz. 2019).
“” Minn. Stat. § 80C.19. Under the MFA, 8 a franchise is defined by three elements: “(1) A right granted to the franchisee to engage in 9 business using the franchiser’s trade name or other commercial symbol, (2) a ‘community 10 of interest’ in the marketing of goods or services…”
LG2, LLC v. Am. Dairy Queen Corp. (D. Minnesota 2023).
“§ 80C.19, subdiv. 2. The MFA defines the words “sale” and “sell” to include “every contract or agreement for the sale of, and every contract to sell or dispose of, a franchise or interest in a franchise for value.”
— Minn. Stat. § 80C.19(2) — 1 case
Chase Manhattan Bank, N.A. v. Clusiau Sales & Rental, Inc., 308 N.W.2d 490 (Minn. 1981).
“22_ Plaintiff contends, however, that Clusiau did not prove that Scotti had offered or sold the franchise within the meaning of this section and of Minn.Stat. § 80C.19(2) (1980), which provides: For the purpose of sections 80C.”
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