I entered into a non compete agreement with a business partner. She had me sign a 3 year non compete agreement. After 1 year she decided to terminate the partnership.
If she ended the partnership is the non compete valid how do I get out of it? We are Real estate investors.

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Originally Posted by erika1gtz

I entered into a non compete agreement with a business partner. She had me sign a 3 year non compete agreement. After 1 year she decided to terminate the partnership.
If she ended the partnership is the non compete valid how do I get out of it? We are Real estate investors.

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You signed an agreement with your business partner that you would not compete with her while you were partners? Sort of redundant, isn't it? Partners may not compete with each other anyway, agreement or no agreement.

You get out of it in one of two ways:
1. buy her out; or
2. ignore it, see if she sues, and if she does defend the suit claiming that the agreement is void.

In either case, you should see an attorney first, who can examine the agreement, the circumstances, and advise you whether the agreement is enforceable.

I am wondering if you left out a detail. Was this agreement to not compete if you ever split?

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Originally Posted by ballengerb1

I am wondering if you left out a detail. Was this agreement to not compete if you ever split??

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Hello erika:

Assuming that's what it was, MOST non compete agreements are UNENFORCEABLE, unless they were carefully drawn up by a lawyer. That's because most of 'em, effectively put you out of business instead of just limiting what you may do. Your right to work cannot be given away in a contract.

excon