Legal Question in Civil Litigation in Michigan
non competition claus
I recently sold my medical supply company. Their was a non compete claus in it . The company that bought me is from Florida. Do I have to follow the non compete if they did not compensate me for it ?
2 Answers from Attorneys
Re: non competition claus
That is an impossible question to answer without additional facts. Generally speaking, if the purchaser is in default, then possibly the non-compete provisions are not enforceable. On the other hand, if there was simply not a specific dollar figure in the contract for the non-compete, and the purchaser paid or is paying the contract price, then the provision probably is enforceable.
It would be wise to have an attorney review your situation and the contract before acting in any way that could put you in breach.
Re: non competition claus
If you mean that you were not paid a separate consideration for it, that probably will not affect the enforceability. However, sometimes they can be attacked as being too broad. I'd have to take a look at it. William S. Stern
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