Litigation Lawyers in Winters
In Winters, California, commercial litigation is any civil litigation that includes a business transaction. Commercial litigation can come up in virtually any business context.
Commercial litigation in Winters, California, can get quite expensive, very quickly. Furthermore, it can also be incredibly confusing. 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 Winters, California.
Common Sources of Commercial Litigation in Winters, California
Commercial Leases: In Winters, California, the vast majority of small businesses need some physical location from which to operate. Most of the time, business owners rent this space from a third party, and have a written agreement laying out these rental terms. This contract is called a "commercial lease." These contracts are sometimes breached by one, or both, of the parties involved. When this happens, commercial litigation is often the result.
Sales of Real Estate: When buying a house or a plot of land in Winters, California, there are many 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 conflict, which might lead to commercial litigation, is possible.
Sale of Goods: It's far more prevalent for individuals to buy personal property, rather than real estate, in Winters, California. And, like any transaction, the sale of goods can lead to civil litigation if one of the parties feels that the other did not perform under the agreed-upon terms. For example, if a buyer fails to pay the agreed price for the goods, or the seller delivers a late, defective, or incomplete order, there is going to be a conflict. In some cases, these disputes lead to commercial litigation.
Business Loans: When someone starts a small business in Winters, California, they typically 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 conflict.
Breach of Contract: When an individual or business in Winters, 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 Winters, California Commercial Litigation Lawyer Help?
If you run a business in Winters, California, it should be clear by now that commercial litigation can arise in many different cases, possibly when you least expect it. For that reason, it's a good idea to have plans in place to deal with commercial litigation concerns, should they come up.
A commercial litigation attorney in Winters, California can be very advantageous 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.