Q: Can you please tell me what to do in the situation below:
My wife owned a nail shop, which she sold to another party in November 2022. In the bill of sale, she agreed not to open a new salon within an 8-mile radius. Around that same time, I opened my own salon about 4 miles from the one my wife sold.
In January 2023, the new owner sent us a cease-and-desist notice. After seeking advice, I was informed that they were in the right, so I began the process of selling my salon, despite taking a significant loss from building it. The salon was eventually sold at the end of January 2023.
However, the new owner has still decided to sue us for breaching the contract. I’m unsure of what to do next and would greatly appreciate any advice you can offer.
A: This simple Q&A forum is insufficient to provide advice to someone being sued like you are for breach of a non-compete clause in a contract. You are already in suit, and deadlines are running. The longer you wait to hire an attorney, the worse off you will be because your lawyer will lose valuable time to engage in discovery, file necessary motions, investigate the case, and prepare a defense. You may miss deadlines or fail to take advantage of others. Hire a lawyer.
Cedulie Renee Laumann agrees with this answer
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