Litigation Lawyers in Auburn
In Auburn, California, commercial litigation is any civil litigation that involves a business transaction. Commercial litigation can come up in basically any business context.
In Auburn, California commercial litigation can be very perplexing and costly. While it typically 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 Auburn, California.
Common Sources of Commercial Litigation in Auburn, California
Commercial Leases: In Auburn, 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 generally the result.
Sales of Real Estate: Whether you're buying a house, an office building, or a vacant lot in Auburn, 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 Auburn, California, the sale and purchase of personal property is also a common 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 dispute to court, and settle it that way.
Business Loans: Starting a business in Auburn, California, or anywhere else, is costly. Usually, 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 allowed in the loan agreement), or the borrower doesn't make the payments on time, commercial litigation is likely to result.
Breach of Contract: In Auburn, California, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for instance), 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 Auburn, California Commercial Litigation Lawyer Help?
If you run a business in Auburn, California, it should be clear by now that commercial litigation can arise in many different situations, possibly when you least expect it. For that reason, it's a good idea to have plans in place to deal with commercial litigation issues, should they come up.
And the best thing you can do on that front is to take steps to minimize the chances of disagreements leading to commercial litigation in the first place. Commercial lawyers in Auburn, California can be very helpful with that. By advising you of your legal rights and obligations, your attorney can help you avoid making the mistakes that lead to legal disagreements in the first place.