Litigation Lawyers in New Bern
In New Bern, North Carolina, commercial litigation is any legal dispute that involves some type of business transaction. Commercial litigation can be between two businesses, a business and an individual, or two individuals. It usually comes up when everyone involved least expects it, and it can arise from just about any situation.
In New Bern, North Carolina commercial litigation can be very complicated and costly. While it typically involves two business in a legal dispute with one another, it might also arise between ordinary individuals who were engaged in an informal business transaction (such as someone selling a car to her neighbor), and never would have guessed that they might be thrown into a commercial litigation case in New Bern, North Carolina.
Common Sources of Commercial Litigation in New Bern, North Carolina
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in New Bern, North Carolina still need a physical location to operate. This space is usually rented from another party, under terms laid out in a commercial lease. These leases can lead to disputes, 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: If you're buying a house, office space, or a plot of land in New Bern, 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 actually 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 New Bern, North Carolina. Therefore, 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 impossible.
Business Loans: Starting a business in New Bern, North Carolina, or anywhere else, is expensive. Usually, when somebody starts a business, they have to take out a loan from a bank. However, if the lender engages in some type of improper activity (such as trying to collect payment in a manner not allowed in the loan agreement), or the borrower doesn't make the payments on time, commercial litigation is likely to result.
Breach of Contract: In New Bern, North Carolina, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for example), 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 agreement, 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 dispute is likely, which might lead to commercial litigation.
How Can a New Bern, North Carolina Commercial Litigation Lawyer Help?
Business owners in New Bern, North Carolina 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 prudent, therefore, to take some simple steps to prepare for possibly civil litigation, so it will only be minimally disruptive to your business, should it happen in the future.
A commercial litigation attorney in New Bern, North Carolina can be very helpful in that regard. Your lawyer can advise you of your legal obligations, as well as your legal rights. Knowing what is required of you, and the people you deal with in a commercial context, is the best thing you can do to avoid commercial litigation, and to prevail in a dispute, should one occur.