Litigation Lawyers in Durham
In Durham, North Carolina, commercial litigation is any legal disagreement that involves some type of business transaction. Commercial litigation can be between two businesses, a business and an individual, or two individuals. It normally comes up when everyone involved least expects it, and it can arise from just about any issue.
Commercial litigation in Durham, North Carolina 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 Durham, North Carolina commercial litigation.
Common Sources of Commercial Litigation in Durham, North Carolina
Commercial Leases: In Durham, North Carolina, 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: If you're buying a house, office space, or a plot of land in Durham, North Carolina, 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: Buying and selling personal property is far more common than buying and selling real estate in Durham, North Carolina. Thus, it's also more common for commercial litigation to arise out of disputes 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 relatively rare cases, they have to resort to commercial litigation when a negotiated settlement is impractical.
Business Loans: In Durham, North Carolina, 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: Whenever a business in Durham, North Carolina 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 Durham, North Carolina Commercial Litigation Lawyer Help?
If you have a business in Durham, North Carolina, 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 Durham, North Carolina 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.