Los Gatos Commercial Litigation Attorneys
In Los Gatos, California, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in virtually any business context.
Commercial litigation in Los Gatos, California, can get extremely expensive, very quickly. Furthermore, it can also be incredibly difficult. 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 Los Gatos, California.
Common Sources of Commercial Litigation in Los Gatos, California
Commercial Leases: Most people who have businesses in Los Gatos, 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 terms of the lease, such as by failing to pay rent, commercial litigation might be used, as a last resort, to resolve the disagreement.
Sales of Real Estate: Buying office space, a home, or an empty plot of land in Los Gatos, California is not a simple process, and something can go wrong at any step along the way. For instance, there might be a title defect, or some type of physical flaw on the property, and the seller fails to disclose it to the buyer, this will almost certainly lead to the buyer demanding compensation, in the form of a full or partial refund, from the seller. If no agreement can be reached, commercial litigation is the likely result.
Sale of Goods: Buying and selling personal property is far more common than buying and selling real estate in Los Gatos, California. Thus, it's also more common for commercial litigation to arise out of disputes concerning the sale or purchase of goods, as opposed to land. Some common problems that can come up in the sale of goods are a seller's failure to deliver the right product on time, or the buyer failing to pay the price that they agreed on. Most of the time, reasonable, professional people can settle these disagreements amongst themselves. However, in relatively rare cases, they have to resort to commercial litigation when a negotiated settlement is impractical.
Business Loans: Starting a business in Los Gatos, California, or anywhere else, is expensive. 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: In Los Gatos, 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 contract, 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 disagreement is likely, which might lead to commercial litigation.
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How Can a Los Gatos, California Commercial Litigation Lawyer Help?
If you run a business in Los Gatos, California, it should be clear by now that commercial litigation can arise in many different instances, possibly when you least expect it. For that reason, it's a good idea to have plans in place to deal with commercial litigation contentions, should they come up.
A commercial litigation attorney in Los Gatos, California can be very valuable 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.