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Thread: legal advice on trade protection

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    Angry legal advice on trade protection

    I know i have posted before but not getting anywhere. so re-posting hoping for A Legal to help

    Afternoon members.
    having opened our family Hardware Store more than 20 years ago in a mall in cape town
    we have thrived and have had no issues, till now.

    Recently our mall welcomed a china shop (registered for clothes and luggage) and new foreign owners
    to our cash crusaders(registered as second hand dealers), and went all down hill from there.

    Their hardware and tool ranges have gotten so extensive that our store have started taking a knock with all their cheap
    import garbage..

    Who could advise how to rectify this situation. Center management says i have to wait till contract renewal
    in a few months and insist on a trade protection clause which seems good and all, but will cash crusaders and their
    head office actually give a hell?
    Previous owner was great and could actually talk to him. Not these okes.

    Even the center manager said that the china shop he can deal with (once trade protection is included in the contract)
    but he can't do anything regarding the chain store.

    What are my rights regarding trade protection on the mall premises.

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    Diamond Member HR Solutions's Avatar
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    Which mall is this ?
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    Hi HR.
    its a small Mall in Goodwood.
    Do have any advice to help with my situation

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    Diamond Member HR Solutions's Avatar
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    Im confused how waiting a few months is going to rectify anything when the china shop is already there !? Did you have any trade protection in your lease at all ?
    China shops and malls are very dense in that area and the Canal Walk area
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    Silver Member Greig Whitton's Avatar
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    Quote Originally Posted by Richard1981 View Post
    What are my rights regarding trade protection on the mall premises.
    Non-existent unless you have an exclusivity clause in your lease agreement, which is usually limited to anchor tenants and (arguably) anti-competitive.

    Maybe people prefer "cheap import garbage" to your stuff?

    Founder of Evergrow - Helping South African business owners grow their business without the growing pains

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