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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12509
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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I signed an agreement with a local Flea Market. Verbally we

Customer Question

I signed an agreement with a local Flea Market. Verbally we agreed I would NOT sell any of the same snacks the food vendor sold. The Flea Market policy/Rules I signed does NOT ban the sale of food/snack or anything else related the sale of food.

I purchased additional stock after the agreement and that Sunday I set up shop in the Flea Market.

Not more than 2 hours into the day, the food vendor approached my stand and insisted I not sell ANY snacks at all. He went to management and complained. Management came over and asked that I remove any bag related food (even though not against there policies I did as they asked)

A little while later management returned and stated the owner came and they had a meeting and determined I must remove ALL small snack related items. It is my understanding that the food vendor is friends with the owner of the Flea Market.

My Question is this:
I have over $5,000 in inventory. Does a Flea Market agreement need be clear of what is accepted or NOT?
Do i have any course of action that may get them to think twice about shutting me out?
Submitted: 5 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 5 years ago.

Hi, Welcome to JustAnswer

My name is XXXXX XXXXX I would be glad to help you


Q. What were you planning on selling when you signed the Agreement

Customer: replied 5 years ago.
Food and paper goods. I brought a box of the items I intended to sell to show management prior to agreement
Expert:  Andrea, Esq. replied 5 years ago.
Did the Agreement you sign specify what you would be selling, or was it just an Agreement to rent space ?
Customer: replied 5 years ago.
The agreement had a space to write what I would be selling. Paper Towels, Food and whatever else I wrote at the time.

Customer: replied 5 years ago.
"Food", "snacks", "Groceries", These could ALL be interpreted as different products, so why would it matter....
Customer: replied 5 years ago.
Let me add this also,

They will allow a 36 count box of snickers bars, but not 6 for a $1.00
They will allow a big sized bag of chips, but not a 3 serving size bag.
They will allow a 10 serving size bag of Oreo's, but Not a single serving size box.
Expert:  Andrea, Esq. replied 5 years ago.
If your agreement stated that you would be selling food, snacks and groceries, then legally you can sell all of these things, as long as it was not in competition with another vendor. It is common for Managers and owners of Flea Markets to avoid having one vendor compete with another vendor selling the same product. The verbal agreement may or may not be valid, I do not know what was said during that conversation. However, if you are selling some of the same items that another vendor is selling, management can make it very difficult for you and besides not renewing your agreement, they can find ways to make it difficult for you to sell anything
Customer: replied 5 years ago.
So legally I can sell these things.....What, until they call security and have me removed?

Do I have any recourse or NOT?

Should I video tape me selling the big bag of Oreo's, Chips, etc with no complaints this coming weekend?

Could you give me some valuable info?

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