Litigation Lawyers in Duluth
In Duluth, Georgia, commercial litigation is any civil litigation that contains a business transaction. Commercial litigation can come up in virtually any business context.
In Duluth, Georgia, 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 Duluth, Georgia. 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 Duluth, Georgia
Commercial Leases: In Duluth, Georgia, 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 Duluth, Georgia, 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 disagreement, which might lead to commercial litigation, is possible.
Sale of Goods: It's far more frequent for individuals to buy personal property, rather than real estate, in Duluth, Georgia. 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 disagreement. In some cases, these disputes lead to commercial litigation.
Business Loans: When someone starts a small business in Duluth, Georgia, 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 Duluth, Georgia, 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 Duluth, Georgia Commercial Litigation Lawyer Help?
Business owners in Duluth, Georgia are probably aware of the fact that commercial litigation can always be just around the corner, and just about any business deal that goes bad can trigger it. It's wise, therefore, to take some simple steps to prepare for possibly civil litigation, so it will only be minimally disruptive to your business, should it happen in the future.
A commercial litigation attorney in Duluth, Georgia 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.