Litigation Lawyers in Salem
Commercial Litigation in Salem, 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 Salem, Indiana is often very intricate 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 Salem, Indiana commercial litigation.
Common Sources of Commercial Litigation in Salem, Indiana
Commercial Leases: In Salem, Indiana, 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 occasionally breached by one, or both, of the parties involved. When this occurs, commercial litigation is generally the result.
Sales of Real Estate: When buying real estate in Salem, Indiana, a lot of things can go wrong, possibly making commercial litigation crucial. 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 typical than buying and selling real estate in Salem, Indiana. Thus, it's also more common for commercial litigation to arise out of disagreements 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 fairly rare cases, they have to resort to commercial litigation when a negotiated settlement is impractical.
Business Loans: When someone starts a small business in Salem, Indiana, they normally don't have the money to fund its start-up and first few years of operation. So, the initial 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 Salem, Indiana, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for instance), 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 Salem, Indiana Commercial Litigation Lawyer Help?
If you have a business in Salem, Indiana, it should by now be evident that there are several 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.
A Salem, Indiana commercial litigation attorney can help you on that front. A seasoned attorney can advise you of your legal options and commitments, to avoid litigation in the first place, and can provide you with the best possible chance of prevailing if commercial litigation does arise.