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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118201
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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hello I need an advice from a lawyer I am opening up a business

Customer Question

hello I need an advice from a lawyer I am opening up a business a computer repair shop computer sales and accessories and within that store I want to Sell phone accessories and phone service for like simple mobile Lycamobile ultra mobile etc. yesterday I was in a store and one store down there is a official T-Mobole store the owner of that store came to me telling me that if I sell phones or anything to the phones he will use me for selling phones or plans but the thing is I understand his concern if I were selling anything related to T-Mobile but I am going to sell totally different brand and company then T mobile so what should I do with him or what he can do with my business also what docs I could get so that I won't have any problem
Submitted: 4 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 4 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

The wonderful thing about capitalism in the US, is you can open up a competitor store right next door to this guy and as long as you are not violating his agreements with T-Mobile to sell T-Mobile products or services, there is nothing he can sue you for unless the landlord who you are renting from is also renting to him and you two have an exclusivity or non-compete agreement in your lease which prevents you from selling the same or substantially similar products and in that case he could stop you from selling any cell phones or cell services.

You need to start by checking your lease for any restrictions. If your lease has no restrictions and you are not violating any of T-Mobile's rights, he can sue you but it would be dismissed because there is no ground for him to sue you under.

There are no legal documents you can get to avoid problems with him. All you can do is send him a letter informing him you are not violating any terms of your lease or any T-Mobile rights and as such you have the right to sell whatever you please.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

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Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

Law Educator, Esq. and other Legal Specialists are ready to help you
Customer: replied 4 years ago.
ok so is it possible that land lord only allow him to sell the phones and services in that block because i didnt even see my lease yet because the guy i am working with his on vocation and he left the peper work to his co worker i told him what i was going to sell and what services i will provide he said will talk with the land lord and the person that i was working so when he called me back and said that there is some confusion between them so when he will be back to we will discuss this metter but can you write a message to Abe his the person that i am working with explaning that if i do that i would not violate any kind of right buy what i am trying to do so i will show him the message
Expert:  Law Educator, Esq. replied 4 years ago.
You need to read your lease, but if you have the same landlord it is quite possible your lease contains a clause stating you cannot sell any cell phones.

Legally, we cannot represent you, which is what you agreed to when you clicked on agreeing to our terms of service before asking your question. Thus, I am very sorry, but we cannot write you such a letter as that would be considered representation. Thank you for understanding that.
Customer: replied 4 years ago.
ok thanks for the help and explaning the whole thing out for me so i will look at my lease before i sign or pay
Expert:  Law Educator, Esq. replied 4 years ago.

Correct. If your lease does not restrict you to what you sell, then the other business cannot stop you.