Under what circumstances can a non-compete be voided?

UPDATED: Sep 30, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Under what circumstances can a non-compete be voided?

Approximately 2 years ago I sold a chiropractic practice. In the sales contract was a 5 year non-compete clause. The doctor I sold the practice to moved away and just left the practice without selling it to another doctor. Former patients have been contacting me to see if I will practice again. What are my options? Do I have any?

Asked on September 30, 2014 under Business Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A non-competition clause is typically (the way they are usually written) a non-COMPETITION clause; ergo, if there is no "competition" because the other party has ceased doing business, then the clause would be irrelevant--you can't compete with someone not in business. Review the language of the clause; if it used the standard language of saying that you shall not "compete" with the other party and the other party is no longer in business within a geographic area that you would be competing within, you should be able to resume practice.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption