Litigation Lawyers in Bakersfield
In Bakersfield, California, commercial litigation is any civil litigation that includes a business transaction. Commercial litigation can come up in essentially any business context.
In Bakersfield, California 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 Bakersfield, California.
Common Sources of Commercial Litigation in Bakersfield, California
Commercial Leases: In Bakersfield, 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 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 Bakersfield, California, 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: In Bakersfield, California, the sale and purchase of personal property is also a prevalent source of commercial litigation. Just like any business transaction, things can go wrong in the sale of goods. For example, 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 conflict to court, and settle it that way.
Business Loans: In Bakersfield, California, it's common for new businesses to require a loan from a bank to get started. This can, occasionally, lead to disputes between the borrower and lender. For example, the borrower might habitually fail to make payments on time. This will lead to the lender trying to collect, and possibly resorting to commercial litigation.
Breach of Contract: Whenever a business in Bakersfield, California agrees to provide a product or service in exchange for something of value (typically money), a legally-binding agreement, called a "contract," is formed. If either party fails to perform their end of the bargain, they have breached the contract, and commercial litigation is a possible way to settle the conflict.
How Can a Bakersfield, California Commercial Litigation Lawyer Help?
If you have a business in Bakersfield, California, it should by now be apparent that there are various different situations from which commercial litigation can arise, and it rarely happens when it's expected. So, it's always smart to have a plan in place (and money or insurance set aside, if possible) to resolve a commercial litigation issue, should it arise.
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 Bakersfield, California can be very advantageous 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.