Litigation Lawyers in Miami Beach
In Miami Beach, Florida, commercial litigation is any civil litigation that involves a business transaction. Commercial litigation can come up in essentially any business context.
In Miami Beach, Florida, litigation is complicated and expensive. While it can come up between sophisticated companies, it can just as easilyy involve people who would never guess that they'd one day be involved in a commercial litigation dispute in Miami Beach, 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 Miami Beach, Florida
Commercial Leases: Most businesses in Miami Beach, Florida operate from a single physical location, despite the rise of the Internet and e-commerce. These locations are often in rented space, which is usually more cost-effective than purchasing real estate just for the purpose of operating a business. These rental agreements are laid out in documents called "commercial leases." Like every other contract, these leases are sometimes broken. If the parties cannot resolve the ensuing dispute amongst themselves, they might have to resort to commercial litigation.
Sales of Real Estate: When buying a house or a plot of land in Miami Beach, Florida, there are several 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 dispute, which might lead to commercial litigation, is possible.
Sale of Goods: It's far more common for individuals to buy personal property, rather than real estate, in Miami Beach, Florida. 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 dispute. In some cases, these disputes lead to commercial litigation.
Business Loans: When someone starts a small business in Miami Beach, Florida, 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 Miami Beach, Florida, 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 Miami Beach, Florida Commercial Litigation Lawyer Help?
If you have a business in Miami Beach, 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.
On that front, the single best thing you can do is, by far, to seek the advice of an experienced Miami Beach, Florida commercial litigation attorney. Your lawyer can advise you on practical steps you can take to minimize the chances of business litigation occurring in the first place, and give you the best possible chance of winning if commercial litigation is unavoidable.