Litigation Lawyers in Elsmere
Commercial Litigation in Elsmere, Kentucky 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 Elsmere, Kentucky, 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 Elsmere, Kentucky.
Common Sources of Commercial Litigation in Elsmere, Kentucky
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Elsmere, Kentucky 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: Buying office space, a home, or an empty plot of land in Elsmere, Kentucky is not a simple process, and something can go wrong at any step along the way. For example, there might be a title defect, or some type of physical flaw on the property, and the seller fails to disclose it to the buyer, this will almost definitely lead to the buyer demanding payment, in the form of a full or partial refund, from the seller. If no agreement can be reached, commercial litigation is the possible result.
Sale of Goods: Buying and selling personal property is far more typical than buying and selling real estate in Elsmere, Kentucky. Consequently, 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 unrealistic.
Business Loans: When someone starts a small business in Elsmere, Kentucky, 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 Elsmere, Kentucky 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 Elsmere, Kentucky Commercial Litigation Lawyer Help?
Business owners in Elsmere, Kentucky 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.
A commercial litigation attorney in Elsmere, Kentucky can be very advantageous in that regard. Your lawyer can advise you of your legal commitments, as well as your legal rights. Knowing what is required of you, and the individuals you deal with in a commercial context, is the best thing you can do to avoid commercial litigation, and to succeed in a dispute, should one occur.