
We often hear buyers inquire about the protections offered by a non-compete agreement. The issue that concerns them, of course, is "what prevents the buyer from going out and starting the same business across the street from me?" And it is a good point: in many small businesses, the vast majority of value is not in assets, but rather in intangibles such as the customers, location, etc.
There are a number of constructs that can help you protect your interests in the business you are buying, but they all center around a well structured non-compete agreement.
Issues to Address in a Non-Compete:
Geographic Reach of Non-Compete. To be effective, a non-compete agreement should address the geographic reach it is to encompass. For many small business transactions, a range of 100 miles is sufficient. For single-branch retail operations, an even smaller range might be appropriate- perhaps as little as 25 miles. For companies that have a wider territory, the exclusion might be the entire country.