An intelligent buyer
tries to make
the non-compete clause
(the clause stating
that the seller will not open a similar business)
as broad as possible.
An intelligent seller
tries to make this clause
(if she can’t eliminate it completely)
as narrow as possible.
This narrowing is, of course, easier
if your next business is already started.
For example:
A buyer was interested
in a buddy’s cover design business.
The original non-compete clause
stated that my buddy wasn’t to have
any dealings with the publishing industry.
She already had a stock photography business
and publishers/cover design firms
were her biggest clients.
She pushed back.
The buyer saw that the stock photography business
wasn’t harming the sales of the cover design business
and she had no problem
narrowing the clause to cover design only.
The biggest concern of the buyer
is that the seller will steal customers.
Prove that the customers are different
(for example:
Sci Fi readers have different review sites
than paranormal readers)
and the buyer is more likely to narrow
the non-compete clause.