Litigation Lawyers in Elkhart County
Commercial Litigation in Elkhart County, Indiana is civil litigation that arises out of a business transaction, or some other dispute between two businesses, or between a business and a customer. It can appear out of nowhere, and arise out of almost any business situation.
Commercial litigation in Elkhart County, Indiana is often very complex and expensive, and while it often involves two businesses in a legal dispute, it can also come up between ordinary individuals, who never thought they'd get involved in Elkhart County, Indiana commercial litigation.
Common Sources of Commercial Litigation in Elkhart County, Indiana
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in Elkhart County, Indiana still have to operate from a physical location. The space from which most businesses operate is usually rented, and the terms of the rental agreement are documented in a contract called a commercial lease. These contracts, like any other, are sometimes breached. When, for instance, the tenant fails to pay rent on time, or the landlord fails to perform required building maintenance, a dispute might arise, leading to commercial litigation.
Sales of Real Estate: If you're buying a house, office space, or a plot of land in Elkhart County, Indiana, you're probably aware of the fact that something can go wrong at any stage of the process. Whether the seller's title is defective (they don't actually have the ownership interest that they claim to be conveying to you), or there's a physical defect on the property that wasn't disclosed, commercial litigation might be the only option to resolve the disputes that such problems are likely to create.
Sale of Goods: The sale or purchase of personal property is another common source of commercial litigation in Elkhart County, Indiana. For example, a restaurant owner might order tomatoes from a supplier, and fail to pay for them. The owner might argue that the tomatoes were rotten and unusable when they arrived, and he therefore does not have to pay. Obviously, if the two parties can't resolve this dispute somehow, they will have 2 options: simply let it go, and likely never do business with one another again, or go to court, and resolve it through civil litigation.
Business Loans: Starting a business in Elkhart County, Indiana, or anywhere else, is expensive. Usually, when somebody starts a business, they have to take out a loan from a bank. However, if the lender engages in some type of improper activity (such as trying to collect payment in a manner not allowed in the loan agreement), or the borrower doesn't make the payments on time, commercial litigation is likely to result.
Breach of Contract: Whenever a business in Elkhart County, Indiana agrees to provide a product or service in exchange for something of value (usually money), a legally-binding agreement, called a "contract," is formed. If either party fails to perform their end of the bargain, they have breached the contract, and commercial litigation is a possible way to settle the dispute.
How Can a Elkhart County, Indiana Commercial Litigation Lawyer Help?
In Elkhart County, Indiana, mostly business owners know that commercial litigation can be caused by almost any business mishap, and the prospect of litigation can rear its head with almost no warning. They also know that it's a smart idea to be prepared for this possibility, to ensure that the interruptions to their business operations that it will cause, as well as its costs, are kept to a minimum.
The best thing you can do on that front is retaining a qualified Elkhart County, Indiana commercial litigation attorney. Your attorney can provide you with advice and information that, if followed, will help you avoid litigation in the first place. And, if litigation becomes unavoidable, a good lawyer can give you the best possible chance of obtaining a favorable result in court.