Litigation Lawyers in Elkhart
Commercial Litigation in Elkhart, Indiana is civil litigation that arises out of a business transaction, or some other disagreement between two businesses, or between a business and a customer. It can appear out of nowhere, and arise out of almost any business issue.
Commercial litigation in Elkhart, Indiana is often very difficult 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, Indiana commercial litigation.
Common Sources of Commercial Litigation in Elkhart, 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, Indiana still have to operate from a physical location. The space from which most businesses operate is normally 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 disagreement 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, 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 really 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 frequent source of commercial litigation in Elkhart, 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 disagreement 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, Indiana, or anywhere else, is expensive. Normally, 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 authorized 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, Indiana agrees to provide a product or service in exchange for something of value (normally 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 disagreement.
How Can a Elkhart, Indiana Commercial Litigation Lawyer Help?
In Elkhart, Indiana, generally 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.
And the best thing you can do on that front is to take steps to minimize the chances of disputes leading to commercial litigation in the first place. Commercial lawyers in Elkhart, Indiana can be very valuable with that. By advising you of your legal rights and obligations, your attorney can help you avoid making the mistakes that lead to legal disputes in the first place.