Litigation Lawyers in Phoenix
In Phoenix, Arizona, commercial litigation is any civil litigation that includes a business transaction. Commercial litigation can come up in virtually any business context.
In Phoenix, Arizona commercial litigation can be very intricate and costly. While it normally 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 Phoenix, Arizona.
Common Sources of Commercial Litigation in Phoenix, Arizona
Commercial Leases: In Phoenix, Arizona, the vast majority of small businesses need some physical location from which to operate. Most of the time, business owners rent this space from a third party, and have a written agreement laying out these rental terms. This contract is called a "commercial lease." These contracts are sometimes breached by one, or both, of the parties involved. When this happens, commercial litigation is often the result.
Sales of Real Estate: Whether you're buying a house, an office building, or a vacant lot in Phoenix, Arizona, there are plenty of things that can go awry in the process. For example, the seller might fail to disclose an easement on the property, or a physical defect, which you only discover after the sale is final. Or, if you're the seller, the buyer might fail to pay on time. Such mishaps are almost certain to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only option.
Sale of Goods: The sale of personal property can also lead to commercial litigation in Phoenix, Arizona. This most often comes up when a business is buying large volumes of products from a supplier, and the supplier fails to deliver them on time, or delivers the wrong goods, or the wrong quantity of goods. Normally, if the parties cannot resolve the problem between themselves, commercial litigation will result.
Business Loans: Starting a business in Phoenix, Arizona, or anywhere else, is expensive. Typically, when somebody starts a business, they have to take out a loan from a bank. However, if the lender engages in some type of improper activity (such as trying to collect payment in a manner not permitted in the loan agreement), or the borrower doesn't make the payments on time, commercial litigation is likely to result.
Breach of Contract: In Phoenix, Arizona, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for example), they have entered into a contract, which is a legally-binding agreement. A contract requires at least two parties, and if either of them fails to do what is required of them under the arrangement, they are said to be in "breach" of the contract. If they do not remedy the situation, or the other party does not waive the requirement, a conflict is likely, which might lead to commercial litigation.
How Can a Phoenix, Arizona Commercial Litigation Lawyer Help?
If you are operating a business in Phoenix, Arizona, it's probably pretty clear that commercial litigation can arise from almost any business deal, and that a dispute leading to litigation rarely comes at a fitting moment. So, it's important to be prepared for any reasonably likely commercial litigation scenario.
A Phoenix, Arizona commercial litigation attorney can help you on that front. A knowledgeable attorney can advise you of your legal rights and obligations, to avoid litigation in the first place, and can provide you with the best possible chance of prevailing if commercial litigation does arise.