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Buying & Selling a Business

Does a radius restriction in my franchise agreement stop me from opening a similar business nearby after I sell?

TSL Written by the Treadstone Law team· Updated August 2026

Generally, yes, if your franchise agreement includes one — a radius restriction is a form of non-compete specific to franchise agreements, typically preventing a departing franchisee from operating a competing business within a defined distance of their former location for a set period after leaving the system, and these clauses commonly survive the sale of the franchise itself since they're aimed at protecting the franchisor's brand and territory, not tied to your continued ownership.

Since October 25, 2021, general employee non-compete agreements have been prohibited under the Employment Standards Act, but that ban is aimed at the employer-employee relationship and doesn't apply the same way to a franchise agreement's radius restriction between franchisor and franchisee, which is a different kind of commercial relationship entirely — so don't assume the ESA changes protect you here.

Whether your specific restriction is enforceable in scope and duration depends on ordinary common-law reasonableness limits and the clause's actual wording. If your future plans involve a similar business nearby, review this clause carefully before you sell. A Treadstone business lawyer can assess how much room it actually leaves you.

Key takeaways

  • Radius restrictions are a franchise-specific non-compete that commonly survive after you sell.
  • The ESA's 2021 ban on employee non-competes doesn't apply to franchisor-franchisee restrictions.
  • Enforceability still depends on ordinary reasonableness of scope, distance, and duration.
  • Review your radius restriction carefully before selling if you plan a similar business nearby.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone business lawyer can help.
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