Does anyone know where to find a generic non compete for a website or domain sale?

Discussion in 'Legal Issues' started by DigitalHouseNewYork, Jul 18, 2008.

  1. #1
    Does anyone know where to find a generic non compete for a website or domain sale? I have a domain I want to sell to a competitor in a small niche and they are asking for a non compete. I am willing to do this but the small profit on the sale does not justify paying a lawyer. If there is a simple generic version of this available that would be great. A link would be appreciated. Thank you in advance.
     
    DigitalHouseNewYork, Jul 18, 2008 IP
  2. Business Attorney

    Business Attorney Active Member

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    #2
    There is really no such thing as a generic non-compete. The important thing about making a non-compete enforceable is to describe specifically what activities are considered "competing". Also, the restrictions have to be limited in scope and time. Many non-competition agreements are thrown out because they are too broad or too indefinite. There is nothing generic about them.

    Since the buyer is the one who is concerned with you competing, he should also be the one worried about whether the agreement is worth the paper that it is written on. Why isn't he the one coming up with it?
     
    Business Attorney, Jul 18, 2008 IP
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  3. Essociate

    Essociate Peon

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    #3
    Essociate, Jul 18, 2008 IP
  4. DigitalHouseNewYork

    DigitalHouseNewYork Peon

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    #4
    Makes sense. I think I will ask them to supply the agreement.
    good points, well taken. +rep
     
    DigitalHouseNewYork, Jul 18, 2008 IP
  5. Whatarewewaitingfor?

    Whatarewewaitingfor? Active Member

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    #5
    Usually, it's the buyer who provides the non-compete. For example, the buyer may consider you registering another domain even within the niche as a violation. Examples:
    You sell health.com, and then purchase fitness.com or behealthy.com.

    So it should be the buyer who comes up with it.
     
    Whatarewewaitingfor?, Jul 18, 2008 IP
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  6. Whatarewewaitingfor?

    Whatarewewaitingfor? Active Member

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    #6
    business attorney answered more or less the same thing first. Sorry for the nearly double post.
     
    Whatarewewaitingfor?, Jul 18, 2008 IP
  7. DigitalHouseNewYork

    DigitalHouseNewYork Peon

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    #7
    You bring up another good point, one I hadn't thought of. What about other similar related domains I own ?..

    rep
     
    DigitalHouseNewYork, Jul 18, 2008 IP
  8. Whatarewewaitingfor?

    Whatarewewaitingfor? Active Member

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    #8
    I once ran into a similar problem where the buyer wanted me to not promote the product that my site (which he was looking to buy) was promoting by any other means. Note that if I agreed to the stipulation, I would have to get rid of any sites in the niche, or look for a different product. Clearly this is an unacceptable stipulation. So I advise that you seriously consider the implications of what your agreement leads to. Have the buyer very specifically define what they don't want you to do.
     
    Whatarewewaitingfor?, Jul 18, 2008 IP
  9. DigitalHouseNewYork

    DigitalHouseNewYork Peon

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    #9
    Thanks very much for your replies. You have given me much to think about. I guess this will be a bit more complicated than I thought, but I think you guys have put me on the right track. Anything else you can think of, I would be happy to hear.
     
    DigitalHouseNewYork, Jul 19, 2008 IP