Is a non-compete agreement transferable when a business is sold.

I signed a non-compete agreement approximately 3 1/2 years ago in 2006, with a franchise business, as a independent contractor (1099) commission only. Three months ago the franchise business was sold. The new owner states that my non-compete agreement is transferable to him and wants to hold me to it.

1 answer  |  asked Sep 23, 2009 2:08 PM [EST]  |  applies to Florida

Answers (1)

David Goldman
It depends. You have to look at the agreement and see how it treats being transferred. If it is not addressed, then you have to look at the transaction and see if it was a sale or name. Its not a trivial analysis and I would suggest that you discuss it with a Florida Non-Compete Lawyer.


David Goldman
Apple Law Firm PLLC, 331 East Monroe Street, Jacksonville, FL 32202
Tel (904) 685-1200 Fax (904) 212-0678


http://www.FloridaEstatePlanningLawyerBlog.com/
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posted by David Goldman  |  Sep 23, 2009 2:18 PM [EST]

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