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No Compete?

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calipilgrim

Junior Member
California. I sold my business about two years ago. When I sold the business I drew up a contract stating that I would not service any "active or inactive" accounts sold. There is no definition for "inactive" in the contract, but it was understood that an inactive customer was one who skipped a service to the effect of: "Come back next month." I never signed a no-compete stating that I would not conduct that type of business. The people who bought my old business have, subsequently lost many of the accounts due to poor service. In other words, the owners of the stores that were serviced fired the people who bought my old business. Therefore, to my understanding, the accounts from which the new owners have been fired are no longer their accounts at all. Furthermore, most of these accounts used another unrelated service provider in the interim.

It is presently two years following the sale of my business, and I am back in business in the same industry. I have been contacted by old customers, who more than 18 months ago fired the people who bought my old business.

Question: In respect to: 1) I did not agree to or sign a no-compete clause, 2) The new owners of my old business have been fired from many of the old accounts more than 18 months ago; 3) The customers have used other service providers . . . . Am I barred from beginning service on those old customers?
 
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