Litigation Lawyers in Melbourne
In Melbourne, Florida, commercial litigation is any civil litigation that involves a business transaction. Commercial litigation can come up in practically any business context.
In Melbourne, Florida, litigation is perplexing and expensive. While it can come up between sophisticated companies, it can just as quicklyy involve individuals who would never guess that they'd one day be involved in a commercial litigation dispute in Melbourne, Florida. It can arise from the most informal business transactions, such as a homeowner selling a piece of furniture to his neighbor.
Common Sources of Commercial Litigation in Melbourne, Florida
Commercial Leases: Most individuals who have businesses in Melbourne, Florida need a physical location from which to run their operation. Often, the business owner has to rent some office or commercial space from somebody who owns a building or plot of land. The terms of these rentals are put in writing in commercial leases. Like any contract, when one party violates one of the provisions of the lease, such as by failing to pay rent, commercial litigation might be used, as a last resort, to resolve the dispute.
Sales of Real Estate: Buying office space, a home, or an empty plot of land in Melbourne, Florida is not a simple process, and something can go wrong at any step along the way. For example, there might be a title defect, or some type of physical flaw on the property, and the seller fails to disclose it to the buyer, this will almost definitely lead to the buyer demanding payment, in the form of a full or partial refund, from the seller. If no agreement can be reached, commercial litigation is the possible result.
Sale of Goods: Buying and selling personal property is far more typical than buying and selling real estate in Melbourne, Florida. Therefore, it's also more common for commercial litigation to arise out of disagreements concerning the sale or purchase of goods, as opposed to land. Some common problems that can come up in the sale of goods are a seller's failure to deliver the right product on time, or the buyer failing to pay the price that they agreed on. Most of the time, reasonable, professional people can settle these disagreements amongst themselves. However, in fairly rare cases, they have to resort to commercial litigation when a negotiated settlement is impossible.
Business Loans: When someone starts a small business in Melbourne, Florida, 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: In Melbourne, Florida, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for instance), they have entered into a contract, which is a legally-binding agreement. A contract requires at least two parties, and if either of them fails to do what is required of them under the agreement, they are said to be in "breach" of the contract. If they do not remedy the situation, or the other party does not waive the requirement, a dispute is likely, which might lead to commercial litigation.
How Can a Melbourne, Florida Commercial Litigation Lawyer Help?
If you have a business in Melbourne, Florida, it should by now be obvious that there are many 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.
The best thing you can do on that front is retaining a qualified Melbourne, Florida commercial litigation attorney. Your attorney can provide you with assistance and information that, if followed, will help you avoid litigation in the first place. And, if litigation becomes unavoidable, a reputable lawyer can give you the best possible chance of obtaining a favorable result in court.