signed a non-compete when I sold my business

I sold my business in Austin 3 years ago, I signed a non compete for the entire state & there was no time limit on it.
I started a consulting business to help others start similar businesses to mine in other mkts across the country. In the past 3 years I turned down several consultations in the Dallas mkt. due to my non compete. The people who bought my business tried & failed twice at opening the Dallas area. After I found that out, I had a call from someone who wanted to hire me in Dallas. I needed a consulting job to pay the bills & took the consultation. I have made my living for the past 25 years at this business & know no other way to make a living. Will I lose a law suit if I am sued?

1 answer  |  asked Nov 22, 2006 06:24 AM [EST]  |  applies to Texas

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Answers (1)

Trey Henderson
non-compete

I suggest you talk to a local attorney. Texas statutes state that there must be 4 things present for a non-compete to be valid: there must be consideration and it must be reasonable in time, scope and geographic area. The agreement should have specified a time period. Without a specific time period outlined, my guess is that a judge would either declare the non-compete invalid or possibly use a reasonable period. A reasonable period in most situations would be 2 years or less. However, I would have a local attorney do some case law research to see if there is a case directly on point.

posted by Trey Henderson  |  Nov 22, 2006 07:57 AM [EST]

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