Legal Question in Business Law in Georgia

Question about no compete clause of business I purchased

I recently purchased a business and the seller signed a contract that includes a no compete clause. The no compete states the seller will not compete against me for 10 years.

I was recently informed that 10 years is an unreasonable legnth of time by GA law. I believe the seller is now competeing against me and I know that he thinks the no compete is void due to the 10 year statement. Is the no compete void?


Asked on 2/12/05, 8:24 pm

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Question about no compete clause of business I purchased

Not necessarily, although ten years is a long time. There are three factors a court considers when enforcing a non-compete: 1) length of time, 2) scope, and 3) geographic location. Remember, that courts do not generally like to limit a person�s ability to make a living.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 2/15/05, 8:09 am


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