5 year-50 mile radius service non-competence clause

I owned a service business for the past 20 years, last April I sold this business and received 100% of the money at closing. At closing I was under contract to work with the new owners for 6 months to get Him and our customers used to the fact that the business is under new ownership. This time went very well and we have not lost any work partly because I am still enployeed and all of our customers come to me when something needs doing or taken care of. NOW, the problems.......I signed a 5 year no competence contract with him which intails, NO working in this busisess for 5 years or 50 miles from my home.

One year is almost gone already, but I need to make more money and he said he cant offord to pay me anymore. I have had 3 of our clients come to me and ask me If Im interested in taking these jobs over for myself! Instead of using the new guy that bought the business.


I am honestly thinking about going out on my own, just to make ends meet. And taking the chances that he doesnt sue me........which Im sure he will. He has alot of money!!! Bummer!!

1 answer  |  asked Feb 24, 2008 9:48 PM [EST]  |  applies to Florida

Answers (1)

David Goldman
Owners Non-Compete from sale of Florida Business

Your actions will surly invite a lawsuit. While a typical employee non-compete agreement is presumptively invalid if greater than 2 years a 5 year term on the sale of a business may not be invalid. ( This presumption can be overcome and a court could lower the term)

You should have your contract reviewed by a Florida lawyer so you can be advised of the risks involved in the actions you are contemplating.

David Goldman
if you would like to discuss this you may contact me at 904-685-1200

To read more on Florida non compete and non solicitation cases look under business law at http://www.floridaestateplanninglawyerblog.com

posted by David Goldman  |  Feb 25, 2008 06:29 AM [EST]

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