Litigation Lawyers in Santa Clara County
In Santa Clara County, California, commercial litigation is any civil litigation that involves a business transaction. Commercial litigation can come up in virtually any business context.
Commercial litigation in Santa Clara County, California, can get very expensive, very quickly. Furthermore, it can also be incredibly complex. 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 Santa Clara County, California.
Common Sources of Commercial Litigation in Santa Clara County, California
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in Santa Clara County, 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 instance, 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 Santa Clara County, California, a lot of things can go wrong, possibly making commercial litigation necessary. 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 Santa Clara County, 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 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 Santa Clara County, California, they usually don't have the money to fund its start-up and first few years of operation. So, the first 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 individual or business in Santa Clara County, California, agrees to exchange something of value for something else of value (such as a product in exchange for money), they have entered into a binding agreement called a "contract." This means that each party can use the law to compel the other party to perform their obligations under the terms of the contract. If someone fails to perform under the agreement, commercial litigation is one option to resolve the resulting dispute.
How Can a Santa Clara County, California Commercial Litigation Lawyer Help?
In Santa Clara County, 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 prepared 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 Santa Clara County, California can be very helpful in that regard. Your lawyer can advise you of your legal obligations, as well as your legal rights. Knowing what is required of you, and the people you deal with in a commercial context, is the best thing you can do to avoid commercial litigation, and to prevail in a dispute, should one occur.