November 13, 2025

The Hidden Dangers of Using AI to Draft Legal Agreements

Why Smart Franchisors Should Treat Chatbots as Tools, Not Attorneys

Artificial intelligence is everywhere right now. From automated lead replies to instant demographic summaries to AI generated maps, the franchise world is embracing technology at an incredible pace. But one area continues to expose franchisors to major risk: using AI chatbots to draft legal agreements, revise legal language, or modify binding franchise documents.

Yes, AI can be useful. Yes, it can help you brainstorm, organize, or polish. But drafting legal agreements is a different universe. The difference between a clean agreement and a defective one is often a single misplaced word, an inconsistency across documents, or a clause that sounds authoritative but has no grounding in actual law.

This blog breaks down what AI does well, what AI does poorly, and the red flags that instantly reveal an AI generated document. More importantly, it explains how those signals can damage your credibility, weaken your negotiating leverage, and even harm your brand.


AI Is a Helpful Tool, But a Terrible Lawyer

AI chatbots are trained to predict language patterns. They are not trained to interpret statutes, analyze litigation risk, or craft enforceable contractual protections. They do not think about downstream liability, regulatory conflicts, or document consistency.

They only think about sentences in a limited environment and the response they generate are entirely dependent on your prompts.

Below is a balanced view of what modern AI excels at and where it breaks down.


What AI Is Good At

1. Brainstorming and Ideation

AI is outstanding at generating lists of terms, conceptual frameworks, and example structures. It can help you articulate what you want before you bring it to your attorney. This saves time and improves clarity.

2. High Level Summaries

It is good at summarizing long provisions, comparing sections, or pulling out issues that might require legal review.

3. Formatting, Clarity, and Tone Adjustments

AI can help polish readability, simplify language, or reorganize content without altering substance. It is especially good for making instructions clear, reorganizing steps, and improving flow.

4. Drafting Non Binding Materials

AI works well for training manuals, policy ideas, process descriptions, job outlines, and non legal operational content. These still require review for accuracy, but the downside risk is lower.

5. Internal Thinking, Not Final Documents

AI can help you think faster. It can help you prepare for attorney meetings. It can help you draft talking points before negotiations. But none of this is a substitute for an attorney who evaluates legal effect, not just sentence structure.


What AI Does Poorly

🚨 This is where the danger lives.

1. It Creates Contract Language That Sounds Legal But Is Not Legally Grounded

AI is notorious for drafting provisions that mimic legal writing without actually following legal rules. It can unintentionally:

  • contradict governing law

  • include unenforceable obligations

  • manufacture fake citations

  • misunderstand jurisdictional differences

  • combine inconsistent definitions

  • create obligations that conflict with your FDD

Most franchisors are unlikely to catch these mistakes until a dispute arises, leading to costly mistakes.

2. It Cannot Reconcile Conflicting Documents

Contracts work as an ecosystem. Your franchise agreement must align with Item 17, Item 19, your territory map, the operations manual cross references, and any addenda. AI cannot track internal consistency across integrated documents. AI tools generally think in pages or blocks of pages, without full context of the entire document.

3. It Cannot Interpret State Specific Franchise Requirements

Some states prohibit certain fee structures. Others require special addenda. Some states prohibit disclaimers that AI drafts all the time. Chatbots simply do not know these distinctions unless explicitly provided in the prompt.

4. It Lacks Strategy and Experience

Attorneys do not just write words. They assess remedies. They negotiate leverage. They consider litigation posture. They know which terms will raise examiner objections. They understand how a poorly drafted section can shift power to the wrong party. They understand future disclosure obligations.

AI does none of this.

5. It Hallucinates Under Pressure

If you push AI to fill gaps in law, it invents answers. It fabricates rules. It references cases that do not exist. AI confidently presents inaccuracies.

This is one of the biggest risk factors in franchise agreements, amendments, and other contracts, where precision is everything.


The Most Common Signs That a Document Was AI Generated

Attorneys, examiners, private equity groups, and sophisticated franchisees can tell instantly when a document was written by a machine (or at least not by a trained attorney). These cues may seem small, but they reveal a lack of professional drafting.

Here are the most common giveaways.


1. AI Contracts Miss Core Elements

A major indicator of AI involvement is the absence of core provisions that nearly every attorney-drafted contract would include. AI models often rely on simplified templates, resulting in documents that look polished but omit key legal protections. For example, an AI-generated contract may be missing:

  • A clear statement of each Party’s obligations

  • Definitions for important terms used throughout the agreement

  • Representations and warranties to confirm basic facts

  • Remedies or consequences if a Party breaches the agreement

  • Indemnification provisions allocating responsibility for claims

  • Confidentiality requirements

  • Assignment and delegation rules

  • A dispute-resolution process

  • Governing law and venue provisions

  • Term and termination language

  • Survival clauses addressing which obligations continue after the contract ends

The absence of these common components does not conclusively prove that AI drafted the contract, but it strongly aligns with patterns seen in short-form, model-generated agreements rather than contracts prepared or reviewed by experienced legal counsel.


2. Overuse of Certain Phrases and Structures

AI produced agreements often include:

  • repetitive transitions

  • generic liability disclaimers

  • awkwardly modern phrasing

  • lists that feel too perfectly symmetrical

  • overly broad yet meaningless obligations

These patterns differ from the style of actual legal drafting, which is more precise, intentional, and varied.


3. Misuse of Legal Terms

AI frequently uses terms like:

  • commercially reasonable efforts

  • best efforts

  • material breach

  • substantial compliance

  • good faith negotiations

Often they are placed in the wrong context or combined incorrectly. Attorneys spot this immediately.


4. Definitions That Do Not Align With the Body of the Contract

Chatbots regularly:

  • define a term and then never use it

  • use a term without defining it

  • define the same concept twice

  • define a term that contradicts the FDD definitions

These are instant red flags.


5. Sentences That Are Grammatically Correct But Legally Nonsensical

This is the hallmark of AI drafting. The language flows smoothly but has no enforceable meaning.

Example:
“Franchisee shall adopt reasonable measures to support the universal objectives of quality assurance as determined by Franchisor from time to time.”

This sounds lovely. It means nothing.


6. Misaligned Cross References

AI frequently gets cross references wrong. It will refer to Section 8.4 even though Section 8.4 does not exist. Or it will reference definitions in Article 11 that appear in Article 2.

This signals immediately that the document was never reviewed by an attorney.


7. Inconsistent Capitalization Conventions

AI commonly capitalizes terms inconsistently:

  • Territory vs. territory

  • System Standards vs. standards

  • Operating Manual vs. operations manual

A trained professional would never miss these.


8. Awkward or Unintentional Voice Shifts

Legal drafting maintains a consistent tone. AI sometimes mixes:

  • conversational tone

  • academic tone

  • regulatory tone

  • marketing language

This blend is a dead giveaway.


9. Overuse of Buzzwords or Modern Vocabulary

A contract should not contain phrases like:

  • cutting edge

  • state of the art

  • robust framework

  • holistic structure

When these appear in legal agreements, the reader knows instantly that something is off.


How These Red Flags Affect Your Leverage and Competence

🚀 Your documents shape your reputation long before you ever speak.

When a sophisticated buyer, attorney, regulator, or investment group sees an AI generated agreement, it carries real consequences.


1. You Look Unprepared and Under Advised

Franchisors who rely on AI appear:

  • unprofessional

  • inexperienced

  • unwilling to invest in proper legal support

  • uncertain about their own system

This weakens your negotiating position and damages brand credibility.


2. You Lose Leverage During Negotiations

A franchisee or their attorney will assume:

  • the agreement was not vetted

  • other parts of your system are equally disorganized

  • you are susceptible to negotiation on every point

Once you lose authority, it is very hard to regain it.


3. Courts and Arbitrators May Interpret Ambiguity Against You

AI drafted language often introduces:

  • vagueness

  • conflicting terms

  • non enforceable obligations

Under common contract principles, ambiguity is usually interpreted against the drafter. That is the franchisor.


4. Regulators Will Notice

State examiners are trained to spot sloppy drafting. If your agreement appears pieced together from AI text, it signals a lack of reliability and invites deeper scrutiny.


5. It Creates Real Litigation Risk

Poor drafting can cause:

  • missed remedies

  • invalidated terms

  • unenforceable post termination obligations

  • incorrect fee calculations

  • conflicting dispute resolution terms

One AI drafted sentence can cost more than years of attorney review.


How Franchisors Should Use AI the Right Way

AI is powerful when used correctly and dangerous when used carelessly.

Franchisors need to find the right balance.

Use AI For

  • brainstorming terms

  • drafting internal talking points

  • reformatting bullet points

  • summarizing complex concepts

  • preparing for a call with your attorney

  • generating plain language explanations for franchisees

  • analyzing your own data, workflows, and processes

Do Not Use AI For

  • drafting agreements

  • modifying legal provisions

  • writing addenda

  • interpreting statutes

  • preparing state registration amendments

  • responding to legal disputes

  • drafting FDD items

AI is a fantastic tool for productivity. It is not a licensed professional.


Final Thoughts

📍 Your brand is judged by your documents before anyone meets you.

Using AI to draft legal agreements is like relying on a GPS that guesses instead of reading the map. Some of the route is accurate. Some of it is plausible. But sooner or later you hit a dead end.

Franchisors compete not just on product and operations, but on credibility. A well drafted agreement signals discipline, seriousness, and long term thinking. An AI generated document signals shortcuts, inexperience, and risk.

Use AI for what it is good at. Use attorneys for what they are essential for. And protect your brand by never letting a chatbot decide your legal fate.


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Why Franchisors Should Never Use AI to Draft Legal Agreements | Zors AI Blog