Montgomery Commercial Litigation Attorneys
In Montgomery, Alabama, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in essentially any business context.
In Montgomery, Alabama commercial litigation can be very convoluted and costly. While it usually involves two business in a legal dispute with one another, it might also arise between ordinary individuals who were engaged in an informal business transaction (such as someone selling a car to her neighbor), and never would have guessed that they might be thrown into a commercial litigation case in Montgomery, Alabama.
Common Sources of Commercial Litigation in Montgomery, Alabama
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in Montgomery, Alabama still have to operate from a physical location. The space from which most businesses operate is normally rented, and the terms of the rental agreement are documented in a contract called a commercial lease. These contracts, like any other, are sometimes breached. When, for instance, the tenant fails to pay rent on time, or the landlord fails to perform required building maintenance, a disagreement might arise, leading to commercial litigation.
Sales of Real Estate: When buying a house or a plot of land in Montgomery, Alabama, there are several things that can go wrong, which can lead to commercial litigation. Whether there is a defect in the seller's title, a physical defect on the property that the seller did not disclose, or the buyer fails to make timely payment, a disagreement, which might lead to commercial litigation, is possible.
Sale of Goods: It's far more frequent for individuals to buy personal property, rather than real estate, in Montgomery, Alabama. And, like any transaction, the sale of goods can lead to civil litigation if one of the parties feels that the other did not perform under the agreed-upon terms. For example, if a buyer fails to pay the agreed price for the goods, or the seller delivers a late, defective, or incomplete order, there is going to be a disagreement. In some cases, these disputes lead to commercial litigation.
Business Loans: When someone starts a small business in Montgomery, Alabama, they normally don't have the money to fund its start-up and first few years of operation. So, the first step is often getting a loan from a bank. However, if the business fails, and the borrower can't make payments, or the lender engages in some type of unlawful conduct, the aggrieved party is going to seek redress. In some cases, the parties will have to resort to civil litigation to resolve their disagreement.
Breach of Contract: When an individual or business in Montgomery, Alabama, agrees to exchange something of value for something else of value (such as a product in exchange for money), they have entered into a binding agreement called a "contract." This means that each party can use the law to compel the other party to perform their obligations under the terms of the contract. If someone fails to perform under the agreement, commercial litigation is one option to resolve the resulting dispute.
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How Can a Montgomery, Alabama Commercial Litigation Lawyer Help?
In Montgomery, Alabama, generally business owners know that commercial litigation can be caused by almost any business mishap, and the prospect of litigation can rear its head with almost no warning. They also know that it's a smart idea to be prepared for this possibility, to ensure that the interruptions to their business operations that it will cause, as well as its costs, are kept to a minimum.
And the best thing you can do on that front is to take steps to minimize the chances of disputes leading to commercial litigation in the first place. Commercial lawyers in Montgomery, Alabama can be very valuable with that. By advising you of your legal rights and obligations, your attorney can help you avoid making the mistakes that lead to legal disputes in the first place.