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TOPIC: Work independent, or for someone?

Re: Work independent, or for someone? 10 years 10 months ago #53843

What if the person you were to work for requires a non-compete clause before they hire?

Not to steal the OP's post but I would love a bit of advice on a very similar situation. I am fully licensed and insured but I have no experience. My dream is to own my own business and someone very close got me into the industry. He's willing to train me and even give me a job but he's asking for a non-compete clause in my area. I understand his reasoning but if I agree then I'm basically shooting myself in foot if I ever decide to start my own business in the future. Thoughts?

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Re: Work independent, or for someone? 10 years 10 months ago #53849

What are the consequences of directly competeing against your mentor? ? In other words, what does the contract say will happen if you do try to compete? ? Unless he has deep pockets and a great lawyer, there is really not much he can do if you try to compete.

Yeah, he can take you to court and they will issue a stop order. ? So what. ? The question becomes is their a fine or jail time. ? With a right to work state, non compete clauses are just postering and are more of a legal scare tactic that a real barrier. ? 

Consider what is "his area". ? In a small town, a direct competitor is easy to spot. ? I live in metro area of 6 million people. ? One more inspector is not going to may any difference in my business.
I would recommend you document in the contract just exactly is "his" area and for how long it is. ? Is the area, where the houses are located or where the agents are located? ? In my area agents travel 25 miles one way to sell homes. ? 


? Are you planning on "stealing" his agents? ?  Repeat clients are few and far between. ? Agent repeat referrals are what most inspectors build their business on. ?  You will find that if you go to work for him, some of "his" agents will eventually prefer you over him. ? Just happens due to different personalities, writing style, etc. ? When you leave, those agents will likely start calling you instead of calling his company. ? You just "stole" his business. ? 

If on the other hand, you decline any offers from any of the agents who used his firm during your time with him, it is much tougher for him to prove you are stealing his business.

Keep in mind that free legal advice is worth what you pay for it. ? Contact a lawyer in your area and ask about the legallity of non-compete and the consequences.

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Bruce Ramsey, ACI

Re: Work independent, or for someone? 10 years 10 months ago #53859

Hello all! Thanks for all the great posting. Everyone has great advice, and I love the support. Just an update; I have been certified as a home inspector. Been so for a couple months now. I have NOT made any moves or decisions on what happens next. I have done some research in my area which is Delaware. I hear a lot of horror stories from those who got a shotty home inspection. It amazes me how some inspectors, in this area, do not take the time to do a quality inspection. Me? I want to do a thorough and accurate inspection. I want people to talk about how great my service is, and tell everyone, I am the man to call. This will be my goal, and I will not compromise my integrity.

I have checked around, most home inspectors here work independently, so my chances of getting experience through working for someone looks slim. I continue to work at my full time, dead end job as a limo driver. I have made some contacts with some realtors, but I am just not completely ready to start up yet. I do not have some of the higher price equipment required for a thorough job.  I want to got at this at full speed with everything needed to be and look professional. I need to draw up a good contract, business cards, brochures, the best (easiest) software so I can print my report on site. So, I have a lot of work ahead of me, still.

I will continue to listen to you you all. you all have your own experiences that can give me a lot of insight that will help me be successful. I will keep you all posted myself....thanks, Wes

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Re: Work independent, or for someone? 10 years 10 months ago #53862

Non compete clause often don't hold up.  You can't be denied the ability to work your profession. I signed one when I was in engineering, and my employer could not enforce it when I left.

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Dan Musielski
Inspector/Engineer
Assured Home Inspections; Batavia, IL
www.InspectThatHouse.com

See us in the Fox News Channel! FOX NEWS Shattered Dreams
www.foxnews.com/us/2010/10/13/foreclosur...ickens-experts-fear/

Re: Work independent, or for someone? 10 years 10 months ago #53865

shhh don't let the cat out of the bag...

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Re: Work independent, or for someone? 10 years 10 months ago #53866

lol...just train them "wrong" so clients always come back to you!

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Dan Musielski
Inspector/Engineer
Assured Home Inspections; Batavia, IL
www.InspectThatHouse.com

See us in the Fox News Channel! FOX NEWS Shattered Dreams
www.foxnews.com/us/2010/10/13/foreclosur...ickens-experts-fear/
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