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Transition, Training, Non-Compete, and Guarantee

  • Writer: Sunshine Pool Routes
    Sunshine Pool Routes
  • Nov 23, 2024
  • 1 min read


The Seller is obligated to train the Buyer for a period of thirty (30) days. Throughout this training phase, the Buyer shall retain all income from service accounts and half of the income from repairs carried out with the Seller's assistance.


Additionally, the Seller must ensure the transfer of accounts, with a guarantee period lasting from 60 to 90 days following the closure of escrow, which varies based on the notification time of the account transfer. In this timeframe, the Seller is responsible for replacing any lost accounts, except those lost due to the Buyer's negligence.


A portion of the funds should be retained in escrow throughout the guarantee period to ensure the Seller's adherence to the agreement and the satisfactory completion of the Buyer's training.


The Seller should also consent to a Covenant Not to Compete regarding the accounts in question. The Seller's continued service to pool customers in the vicinity should not impede your business or its expansion. Remaining active in the pool industry, the Seller may be more accessible for guidance and consultation.


Before the escrow closes, the Buyer or the Buyer's Pool Broker should be provided with an account list to confirm the accounts being transferred. Should the Seller fail to furnish this list, I would advise against finalizing the purchase.

 
 

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