Litigation Lawyers in Milpitas
In Milpitas, California, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in basically any business context.
Commercial litigation in Milpitas, California, can get extremely expensive, very quickly. Furthermore, it can also be incredibly intricate. 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 Milpitas, California.
Common Sources of Commercial Litigation in Milpitas, California
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in Milpitas, California still have to operate from a physical location. The space from which most businesses operate is normally rented, and the terms of the rental agreement are documented in a contract called a commercial lease. These contracts, like any other, are sometimes breached. When, for example, the tenant fails to pay rent on time, or the landlord fails to perform required building maintenance, a disagreement might arise, leading to commercial litigation.
Sales of Real Estate: When buying a house or a plot of land in Milpitas, California, there are numerous things that can go wrong, which can lead to commercial litigation. Whether there is a defect in the seller's title, a physical defect on the property that the seller did not disclose, or the buyer fails to make timely payment, a disagreement, which might lead to commercial litigation, is possible.
Sale of Goods: It's far more frequent for individuals to buy personal property, rather than real estate, in Milpitas, California. And, like any transaction, the sale of goods can lead to civil litigation if one of the parties feels that the other did not perform under the agreed-upon terms. For instance, if a buyer fails to pay the agreed price for the goods, or the seller delivers a late, defective, or incomplete order, there is going to be a disagreement. In some cases, these disagreements lead to commercial litigation.
Business Loans: When a business is started up in Milpitas, California, one of the initial steps is normally to take out a loan from a bank. However, this is a intricate process, and there are many things that can go wrong. If the borrower fails to make the required payments, or the lender attempts to defraud the buyer, civil litigation is a strong possibility.
Breach of Contract: In Milpitas, 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 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.
How Can a Milpitas, California Commercial Litigation Lawyer Help?
If you have a business in Milpitas, California, it should by now be evident that there are several 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 disagreements leading to commercial litigation in the first place. Commercial lawyers in Milpitas, California can be very valuable 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.