Litigation Lawyers in San Marcos
In San Marcos, California, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in practically any business context.
Commercial litigation in San Marcos, 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 Marcos, California.
Common Sources of Commercial Litigation in San Marcos, 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 Marcos, 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 Marcos, California, a lot of things can go wrong, possibly making commercial litigation imperative. 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 Marcos, 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: When someone starts a small business in San Marcos, California, they normally 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 disagreement.
Breach of Contract: Whenever a business in San Marcos, California agrees to provide a product or service in exchange for something of value (normally money), a legally-binding agreement, called a "contract," is created. If either party fails to perform their end of the bargain, they have breached the contract, and commercial litigation is a possible way to settle the disagreement.
How Can a San Marcos, California Commercial Litigation Lawyer Help?
In San Marcos, California, generally business owners know that commercial litigation can be caused by almost any business mishap, and the prospect of litigation can rear its head with almost no warning. They also know that it's a smart idea to be ready for this possibility, to ensure that the interruptions to their business operations that it will cause, as well as its costs, are kept to a minimum.
A commercial litigation attorney in San Marcos, California can be very valuable in that regard. Your lawyer can advise you of your legal commitments, as well as your legal rights. Knowing what is required of you, and the individuals you deal with in a commercial context, is the best thing you can do to avoid commercial litigation, and to succeed in a dispute, should one occur.