Litigation Lawyers in Oakland
In Oakland, 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 Oakland, 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 Oakland, California.
Common Sources of Commercial Litigation in Oakland, California
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in Oakland, 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 instance, 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 Oakland, California, there are several 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: The sale or purchase of personal property is another frequent source of commercial litigation in Oakland, California. For example, a restaurant owner might order tomatoes from a supplier, and fail to pay for them. The owner might argue that the tomatoes were rotten and unusable when they arrived, and he therefore does not have to pay. Obviously, if the two parties can't resolve this disagreement somehow, they will have 2 options: simply let it go, and likely never do business with one another again, or go to court, and resolve it through civil litigation.
Business Loans: Starting a business in Oakland, 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: When a business or individual in Oakland, California promises another entity to provide a product or service in exchange for something of value (almost always, but not necessarily, money), they have entered a legally-binding agreement called a "contract." Both parties are now required to perform their obligations, as laid out in the agreement, and if one party fails to do so, the other can use commercial litigation to seek redress for any losses suffered as a result of this breach.
How Can a Oakland, California Commercial Litigation Lawyer Help?
If you run a business in Oakland, 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.
The best thing you can do on that front is retaining a reliable Oakland, California commercial litigation attorney. Your attorney can provide you with advice and information that, if followed, will help you avoid litigation in the first place. And, if litigation becomes unavoidable, a brilliant lawyer can give you the best possible chance of obtaining a favorable result in court.