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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Can someone help me with a legal question regarding the sale

Resolved Question:

Can someone help me with a legal question regarding the sale of my business and a covernent?
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Can you explain your situation in more detail?

Customer:

I sold my auto locksmith business last year and now teach people how to become auto locksmiths. I wrote on the receipt that I would NOT TRADE as a auto locksmith within 30 miles of the town the buyer lives in. The buyer is now saying that I should not be training people as I am trading as an auto locksmith by doing so. How do I stand? is training people the same as trading as an auto locksmith?

taratill :

Hello unless the contract defines 'Not Trading' as including not training people then you cannot be deemed to be in breach of contract for training people within the 30 mile radius. The court will not add words to the contract to suit a party.

taratill :

I think that this is a try on.

taratill :

I would state that you are not precluded from doing this.

Customer:

sounds like a try on to me too

Customer:

Their reasoning was: To teach a trade, I would be practicing a trade

taratill :

No this will not hold up in court. I would tell them that you are not contractually precluded from doing this.

Customer:

That is what I thought, but as a lay person, I needed an opinion. The buyer was also aware that I would train people as part of an ongoing comitment to another locksmith training company who have me teach 2 x armed forces personel each year

Customer:

so I should be ok to continue? What if they send another threatening letter?

taratill :

Yes do continue, if they send a threatening letter you should write back and say that there is no contractual basis upon which they can ask you not to train and say that if they do try to take action you will vigorously defend the claim.

Customer:

Thanks. I think we are done then. I will rate the service before I leave

taratill :

Thank you very much, I would be grateful if you would take the time to rate my answer. Do come back to me in the future if you need to.

Customer:

thanks. bye

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