Atherton Commercial Litigation Attorneys
In Atherton, California, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in practically any business context.
In Atherton, California commercial litigation can be very difficult and costly. While it usually involves two business in a legal dispute with one another, it might also arise between average 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 Atherton, California.
Common Sources of Commercial Litigation in Atherton, California
Commercial Leases: In Atherton, California, 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 occasionally breached by one, or both, of the parties involved. When this occurs, commercial litigation is typically the result.
Sales of Real Estate: Whether you're buying a house, an office building, or a vacant lot in Atherton, California, there are plenty of things that can go awry in the process. For instance, 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 sure to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only choice.
Sale of Goods: In Atherton, California, the sale and purchase of personal property is also a frequent source of commercial litigation. Just like any business transaction, things can go wrong in the sale of goods. For instance, the seller might deliver the wrong goods to the buyer, or deliver them late. Likewise, the buyer might fail to pay for the goods at the agreed time. Most of the time, business people are able to resolve these disputes without resorting to commercial litigation. In rare cases, however, they have to take their disagreement to court, and settle it that way.
Business Loans: Starting a business in Atherton, California, or anywhere else, is costly. Normally, 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 authorized in the loan agreement), or the borrower doesn't make the payments on time, commercial litigation is likely to result.
Breach of Contract: When an individual or business in Atherton, California, 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 execute their commitments under the terms of the contract. If someone fails to perform under the agreement, commercial litigation is one avenue to resolve the resulting dispute.
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How Can a Atherton, California Commercial Litigation Lawyer Help?
In Atherton, California, 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 ready 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.
A Atherton, California commercial litigation attorney can help you on that front. A seasoned attorney can advise you of your legal options and commitments, to avoid litigation in the first place, and can provide you with the best possible chance of prevailing if commercial litigation does arise.