Litigation Lawyers in Newton
Commercial Litigation in Newton, Kansas is civil litigation that arises out of a business transaction, or some other conflict between two businesses, or between a business and a customer. It can appear out of nowhere, and arise out of almost any business matter.
Commercial litigation in Newton, Kansas, can get quite expensive, very quickly. Furthermore, it can also be incredibly complicated. It often involves two sophisticated business entities, but it can also arise between two ordinary individuals who never would have imagined that they'd get caught up in commercial litigation in Newton, Kansas.
Common Sources of Commercial Litigation in Newton, Kansas
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Newton, Kansas still need a physical location to operate. This space is typically rented from another party, under terms laid out in a commercial lease. These leases can lead to disagreements, if one party breaks them, such as by failing to pay rent on time, failure to provide access to the property under the agreed-upon terms, etc.
Sales of Real Estate: When buying real estate in Newton, Kansas, a lot of things can go wrong, possibly making commercial litigation crucial. In these cases, things like title defects (when the seller doesn't directly 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: The sale or purchase of personal property is another prevalent source of commercial litigation in Newton, Kansas. For instance, 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 conflict 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: When someone starts a small business in Newton, Kansas, they typically 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 conflict.
Breach of Contract: Whenever a business in Newton, Kansas agrees to provide a product or service in exchange for something of value (typically money), a legally-binding agreement, called a "contract," is created. 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 conflict.
How Can a Newton, Kansas Commercial Litigation Lawyer Help?
Business owners in Newton, Kansas 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 advisable, therefore, to take some simple steps to prepare for possibly civil litigation, so it will only be minimally disruptive to your business, should it occur in the future.
And the best thing you can do on that front is to take steps to minimize the chances of disagreements leading to commercial litigation in the first place. Commercial lawyers in Newton, Kansas can be very advantageous with that. By advising you of your legal rights and obligations, your attorney can help you avoid making the mistakes that lead to legal disagreements in the first place.