Litigation Lawyers in Independence
Commercial Litigation in Independence, Kansas 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 Independence, Kansas 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 Independence, Kansas commercial litigation.
Common Sources of Commercial Litigation in Independence, Kansas
Commercial Leases: In Independence, Kansas, 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: Whether you're buying a house, an office building, or a vacant lot in Independence, Kansas, there are plenty of things that can go awry in the process. For example, the seller might fail to disclose an easement on the property, or a physical defect, which you only discover after the sale is final. Or, if you're the seller, the buyer might fail to pay on time. Such mishaps are almost certain to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only option.
Sale of Goods: In Independence, Kansas, the sale and purchase of personal property is also a frequent source of commercial litigation. Just like any business transaction, things can go wrong in the sale of goods. For example, the seller might deliver the wrong goods to the buyer, or deliver them late. Likewise, the buyer might fail to pay for the goods at the agreed time. Most of the time, business people are able to resolve these disputes without resorting to commercial litigation. In rare cases, however, they have to take their disagreement to court, and settle it that way.
Business Loans: In Independence, Kansas, it's common for new businesses to require a loan from a bank to get started. This can, occasionally, lead to disputes between the borrower and lender. For example, the borrower might habitually fail to make payments on time. This will lead to the lender trying to collect, and possibly resorting to commercial litigation.
Breach of Contract: When an individual or business in Independence, Kansas, agrees to exchange something of value for something else of value (such as a product in exchange for money), they have entered into a binding agreement called a "contract." This means that each party can use the law to compel the other party to perform their obligations under the terms of the contract. If someone fails to perform under the agreement, commercial litigation is one option to resolve the resulting dispute.
How Can a Independence, Kansas Commercial Litigation Lawyer Help?
If you have a business in Independence, Kansas, 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.
On that front, the single best thing you can do is, by far, to seek the advice of an accomplished Independence, Kansas commercial litigation attorney. Your lawyer can advise you on practical steps you can take to minimize the chances of business litigation occurring in the first place, and give you the best possible chance of winning if commercial litigation is unavoidable.