Hi,
A little background info before I go into details: My fiancee and I have purchased a dental practice a little over a year ago. The one year mark for our transition will be coming up on October 14, 2009. The old dentists still own the building and we purchased the goodwill (which is the patient base), clinical/clerical supplies, furnishings & equipment, & a non-compete convenant. The previous owners were in business since 1987 so they are well known in this community.
In our purchase contract, the non-compete covenant states, "In connection with Seller's sale to Buyer of the assets listed herein, Drs. ** and ** shall neither individually, collectively, nor in any combination, directly or indirectly, as a shareholder, director, officer, partner, associate, consultant, agent, independent contractor, employee, or otherwise, carry on or engage in the practice of dentistry anywhere within a twenty (20) mile radius of the present location of the Practice for a period of five years following the Closing Date. Drs. ** and ** further agree for the same five year period, and within the same twenty (20) mile radius, that Drs. ** and ** will not, directly or indirectly, individually or as an employee, agent, partner, shareholder, consultant, or in any other capacity, contact, or in any manner solicit or accept any of the practice's patients."
The Doctors have now opened a dental office 21 (twenty one!!!) miles away from our office within the last 4-5 months. They have also sent out a letter soliciting our patients.
My question:
What options do I have at this point? Is this legal?
I'm so upset I don't know what legal action I am able to take.. Please help! Or point me in the right direction. Thank you!
-Mary
