Litigation Lawyers in Malibu
In Malibu, California, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in essentially any business context.
Commercial litigation in Malibu, 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 Malibu, California.
Common Sources of Commercial Litigation in Malibu, California
Commercial Leases: Most people who have businesses in Malibu, 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 Malibu, 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 Malibu, 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: When someone starts a small business in Malibu, California, they normally don't have the money to fund its start-up and first few years of operation. So, the first step is often getting a loan from a bank. However, if the business fails, and the borrower can't make payments, or the lender engages in some type of unlawful conduct, the aggrieved party is going to seek redress. In some cases, the parties will have to resort to civil litigation to resolve their disagreement.
Breach of Contract: When a Malibu, California business agrees to provide something of value (a product or service) in exchange for something else of value (normally money), a contract is formed. A contract, put simply, is any agreement that the law will enforce. Contracts can be very simple, or incredibly complicated. In either case, if one party fails to perform under the terms of the contract, commercial litigation is one way to resolve the ensuing dispute.
How Can a Malibu, California Commercial Litigation Lawyer Help?
If you run a business in Malibu, 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.
On that front, the single best thing you can do is, by far, to seek the advice of an accomplished Malibu, California commercial litigation attorney. Your lawyer can advise you on practical steps you can take to minimize the chances of business litigation occurring in the first place, and give you the best possible chance of winning if commercial litigation is unavoidable.