Litigation Lawyers in Orinda
In Orinda, California, commercial litigation is any civil litigation that involves a business transaction. Commercial litigation can come up in practically any business context.
Commercial litigation in Orinda, California, can get very expensive, very quickly. Furthermore, it can also be incredibly perplexing. 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 Orinda, California.
Common Sources of Commercial Litigation in Orinda, California
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in Orinda, California still have to operate from a physical location. The space from which most businesses operate is usually 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 dispute might arise, leading to commercial litigation.
Sales of Real Estate: When buying a house or a plot of land in Orinda, California, there are various 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 dispute, which might lead to commercial litigation, is possible.
Sale of Goods: The sale or purchase of personal property is another common source of commercial litigation in Orinda, California. For instance, 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 dispute 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: When someone starts a small business in Orinda, California, they usually don't have the money to fund its start-up and first few years of operation. So, the initial 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 dispute.
Breach of Contract: When an Orinda, California business agrees to provide something of value (a product or service) in exchange for something else of value (usually money), a contract is formed. A contract, put simply, is any agreement that the law will enforce. Contracts can be very simple, or incredibly complex. In either case, if one party fails to perform under the terms of the contract, commercial litigation is one way to resolve the ensuing disagreement.
How Can a Orinda, California Commercial Litigation Lawyer Help?
If you run a business in Orinda, 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 disagreements leading to commercial litigation in the first place. Commercial lawyers in Orinda, 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 disagreements in the first place.