Litigation Lawyers in South Miami
In South Miami, Florida, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in virtually any business context.
In South Miami, Florida, litigation is convoluted 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 South Miami, 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 South Miami, Florida
Commercial Leases: Most businesses in South Miami, 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 normally more cost-effective than purchasing real estate just for the purpose of operating a business. These rental contracts 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 real estate in South Miami, Florida, a lot of things can go wrong, possibly making commercial litigation necessary. In these cases, things like title defects (when the seller doesn't really 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: Buying and selling personal property is far more common than buying and selling real estate in South Miami, Florida. Thus, it's also more common for commercial litigation to arise out of disputes 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 relatively rare cases, they have to resort to commercial litigation when a negotiated settlement is impractical.
Business Loans: When someone starts a small business in South Miami, Florida, they normally 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 disagreement.
Breach of Contract: In South Miami, Florida, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for example), 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 contract, 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 disagreement is likely, which might lead to commercial litigation.
How Can a South Miami, Florida Commercial Litigation Lawyer Help?
If you run a business in South Miami, Florida, it should be clear by now that commercial litigation can arise in many different instances, possibly when you least expect it. For that reason, it's a good idea to have plans in place to deal with commercial litigation contentions, should they come up.
A commercial litigation attorney in South Miami, Florida can be very valuable 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.