Encinitas Commercial Litigation Attorneys
In Encinitas, California, commercial litigation is any civil litigation that involves a business transaction. Commercial litigation can come up in essentially any business context.
Commercial litigation in Encinitas, California, can get very expensive, very quickly. Furthermore, it can also be incredibly complex. It often involves two sophisticated business entities, but it can also arise between two ordinary individuals who never would have imagined that they'd get caught up in commercial litigation in Encinitas, California.
Common Sources of Commercial Litigation in Encinitas, California
Commercial Leases: Most people who have businesses in Encinitas, California need a physical location from which to run their operation. Often, the business owner has to rent some office or commercial space from somebody who owns a building or plot of land. The terms of these rentals are put in writing in commercial leases. Like any contract, when one party violates one of the provisions of the lease, such as by failing to pay rent, commercial litigation might be used, as a last resort, to resolve the dispute.
Sales of Real Estate: Whether you're buying a house, an office building, or a vacant lot in Encinitas, 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 Encinitas, 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 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 dispute to court, and settle it that way.
Business Loans: Starting a business in Encinitas, California, or anywhere else, is expensive. 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 Encinitas, California, 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.
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How Can a Encinitas, California Commercial Litigation Lawyer Help?
If you run a business in Encinitas, 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 disputes leading to commercial litigation in the first place. Commercial lawyers in Encinitas, 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 disputes in the first place.