Question: We are selling our franchise business. It has been over 42 days since we have given our notice of sale to the franchisor.  It has been since over 42 days and nothing happened.

Answer: You do not state in the question that the franchisor has withheld consent and, if so, whether reasons were provided why consent was withheld. Clause 20(4) of the Franchising Code of Conduct is what is called a deeming provision. In this instance, if you have made a request in writing for the transfer in compliance with clause 20(1) and 42 days has passed, and on the assumption there was no response to your request for a transfer, then it is deemed that the franchisor has given consent for the transfer.

Your question does not indicate whether you requested the franchisor's consent for a transfer to a specific transferee and whether there is a clause in the franchisee agreement that provides for the transfer or assignment of the franchise. These matters may be relevant and you should not make any decisions until you have obtained legal advice that takes into account all the facts.