Litigation Lawyers in Tempe
In Tempe, Arizona, commercial litigation is any civil litigation that involves a business transaction. Commercial litigation can come up in essentially any business context.
In Tempe, Arizona commercial litigation can be very complicated and costly. While it typically 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 Tempe, Arizona.
Common Sources of Commercial Litigation in Tempe, Arizona
Commercial Leases: In Tempe, 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 usually the result.
Sales of Real Estate: Whether you're buying a house, an office building, or a vacant lot in Tempe, 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: It's far more common for individuals to buy personal property, rather than real estate, in Tempe, Arizona. 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 dispute. In some cases, these disputes lead to commercial litigation.
Business Loans: Typically, when a business gets started in Tempe, Arizona, it has to take out a loan from a financial institution. If the business fails to make timely payments on the loan, it's possible that litigation will result.
Breach of Contract: In Tempe, 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 agreement, 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 dispute is likely, which might lead to commercial litigation.
How Can a Tempe, Arizona Commercial Litigation Lawyer Help?
If you are operating a business in Tempe, 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 convenient moment. So, it's necessary to be prepared for any reasonably likely commercial litigation scenario.
A commercial litigation attorney in Tempe, Arizona can be very helpful in that regard. Your lawyer can advise you of your legal obligations, as well as your legal rights. Knowing what is required of you, and the people you deal with in a commercial context, is the best thing you can do to avoid commercial litigation, and to prevail in a dispute, should one occur.