Legal Question in Business Law in Georgia

Re: Noncompete

Sending the seller a demand to cease the competition, but it is doubtful he will simply based on your demand. You will need to have a local attorney review the non-compete and determine its enforceability. Because it was signed pursuant to a business purchase (v. an employment agreement), it is more likely that it will be enforceable.

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.

Re: Noncompete

An attorney will want to review the contract and ask you some questions in order to give an educated guess on whether litigation will be successful.

If you decide to send a written demand yourself, make sure that you maintain a record of it and do not delay contacting an attorney for assistance if your communication does not produce the desired result. My firm will be happy to consult with you in the event that you need to pursue legal assistance.

Re: Noncompete

The easiest first step is to send a letter to the person requesting they immediately cease the activity, or you will take legal action. If that does not work, the next step is to see a lawyer to step ip the pressure. At some point, you may have to decide whether filing a lawsuit to enforce the agreement (if it is valid) is worth the expense. Time is of the essence to some extent, as the longer you wait the less likely a court may be to restrain the conduct.