Litigation Lawyers in San Clemente
In San Clemente, 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 San Clemente, 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 San Clemente, California.
Common Sources of Commercial Litigation in San Clemente, California
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in San Clemente, 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 real estate in San Clemente, California, a lot of things can go wrong, possibly making commercial litigation crucial. In these cases, things like title defects (when the seller doesn't really own the land or house that they're selling), physical defects in the property that weren't disclosed to the buyer, or a buyer's failure to tender payment on time, among other things, can all lead to commercial litigation.
Sale of Goods: The sale or purchase of personal property is another frequent source of commercial litigation in San Clemente, 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 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: Frequently, when a business gets started in San Clemente, California, it has to take out a loan from a financial institution. If the business fails to make timely payments on the loan, it's possible that litigation will result.
Breach of Contract: When a business or individual in San Clemente, 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 obligated to perform their commitments, 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 San Clemente, California Commercial Litigation Lawyer Help?
If you have a business in San Clemente, 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.
On that front, the single best thing you can do is, by far, to seek the advice of an accomplished San Clemente, 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 success if commercial litigation is unavoidable.