Litigation Lawyers in San Rafael
In San Rafael, 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 San Rafael, 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 San Rafael, California.
Common Sources of Commercial Litigation in San Rafael, 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 Rafael, 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 real estate in San Rafael, 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 actually 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 common source of commercial litigation in San Rafael, 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 San Rafael, 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 a San Rafael, 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 San Rafael, California Commercial Litigation Lawyer Help?
In San Rafael, California, mostly 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 San Rafael, California commercial litigation attorney can help you on that front. A reputable attorney can advise you of your legal options and commitments, to avoid litigation in the first place, and can provide you with the best possible chance of prevailing if commercial litigation does arise.