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<DIV><FONT face="Century Schoolbook">Paul,</FONT></DIV>
<DIV><FONT face="Century Schoolbook">This sounds like I lot of trust would have
to be placed on both of ends. The both of you could end up in a troubled
business relationship which might never, ever get resolved.</FONT></DIV>
<DIV><FONT face="Century Schoolbook">I purchased a client list 24 yrs ago and at
the basis of our agreement was that I would get his card file, and welcoming and
introductory letter from him introducing me to his clients, an agreement to
non-complete clause, all for 10% of his latest income tax filed
amount.</FONT></DIV>
<DIV><FONT face="Century Schoolbook">I had to establish my own phone and it was
up to be to make the sale to the future customers that I would be their
guy.</FONT></DIV>
<DIV><FONT face="Century Schoolbook">What I learned was that the agreement to
non-compete is only as binding as you are willing to sue if the breach of
contract is substantial. You'll have to figure in the time and expense of trying
to enforce the agreement. You'll also be the one doing the detective work if you
suspect he's trying to go after your current customers. The tech I purchased
the list from used to come back to our area for a short vacation and start
calling all of his former clients, my new current clients. Luckily I was able to
nip it in the bud and called him on it. I reminded him of our agreement and
threatened to sue if he continued. He still did this little game for
several years after, but after a while it wasn't a big issue for as my business
soon flourished.</FONT></DIV>
<DIV><FONT face="Century Schoolbook">My advise would be to keep this as simple
and sweet as possible. Figure how much tuning work he actually did, figure out
how many of those were absolute regulars that you could potentially count on,
and then figure on offering him 10% on those potential clients and call it a
day. I would include the non-compete clause as part of being a good businessman,
but don't bank on really having that have much teeth to do be effective. Tuners
can be sly foxes when they need to be as they don't need a store front to
operate out of. </FONT></DIV>
<DIV><FONT face="Century Schoolbook">Just my 2 cents.</FONT></DIV>
<DIV><FONT face="Century Schoolbook">Tom Servinsky</FONT></DIV>
<DIV><FONT face="Century Schoolbook">Tom Servinsky</FONT></DIV>
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<DIV style="FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV
style="BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: black"><B>From:</B>
<A title=pmc033@earthlink.net href="mailto:pmc033@earthlink.net">Paul
McCloud</A> </DIV>
<DIV style="FONT: 10pt arial"><B>To:</B> <A title=pianotech@ptg.org
href="mailto:pianotech@ptg.org">Pianotech</A> </DIV>
<DIV style="FONT: 10pt arial"><B>Sent:</B> Friday, October 24, 2008 8:49
AM</DIV>
<DIV style="FONT: 10pt arial"><B>Subject:</B> Buying Customer List or Existing
Business</DIV>
<DIV><BR></DIV>
<P>
<DIV>List: </DIV>
<DIV> I have been offered first dibs on a piano
business that has been gradually downsized over the past several years.
The owner, retiring at the end of the year, has been a technician for 60
years, most of which were spent here in San Diego. He used to have a
store location with various new and used pianos, but has given up piano sales,
and does part time tuning. What he's offering is his customer list, a
few rental pianos (returned), tools and supplies, and a few odd piano benches
and other accessories. I know there has been some discussion in the past
about purchasing an existing business or customer list, but I can't seem to
find much in the archives. Maybe I need a better search keyword.
</DIV>
<DIV> I'm leaning towards some kind of arrangement
where I would pay for any customer on the list that actually becomes my
client. Paying for a couple thousand names where most of them
are dead, moved, or otherwise useless to me doesn't make sense. I've got
plenty of those anyway. I'm thinking that I would pay a certain amount
for any client I got from his list that actually became a customer. I
could put out a mailer that would introduce me to his clients, asking them to
call me for their next service. Someone suggested to ask if he has a
list of his most recent customers, and how much business he has done in the
last year with them. That figure would tell me what I could expect to
make if I did purchase his list. I'm also keen to acqure his telephone
number. He has moved into the shop where I work, and has a corner of the
room. When I'm there, I hear his phone ring and I listen to the p! hone
calls that come in as his answering machine takes messages. </DIV>
<DIV> If any of you could offer advice, I'd be very
glad to have it.</DIV>
<DIV> Respectfully,</DIV>
<DIV> Paul McCloud, RPT</DIV>
<DIV> San Diego, CA</DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV> </DIV>
<DIV>Paul McCloud</DIV>
<DIV>Service Technician for PianoSD.com</DIV>
<DIV><A href="http://www.pianoservsd.com">www.pianoservsd.com</A> </DIV>
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