Litigation Lawyers in Wilmington
In Wilmington, North Carolina, commercial litigation is any legal conflict that involves some type of business transaction. Commercial litigation can be between two businesses, a business and an individual, or two individuals. It typically comes up when everyone involved least expects it, and it can arise from just about any matter.
In Wilmington, North Carolina commercial litigation can be very confusing and costly. While it normally involves two business in a legal dispute with one another, it might also arise between average 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 Wilmington, North Carolina.
Common Sources of Commercial Litigation in Wilmington, North Carolina
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Wilmington, North Carolina 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: Whether you're buying a house, an office building, or a vacant lot in Wilmington, North Carolina, there are plenty of things that can go awry in the process. For instance, 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 sure to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only choice.
Sale of Goods: The sale or purchase of personal property is another prevalent source of commercial litigation in Wilmington, North Carolina. 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 Wilmington, North Carolina, 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: When a Wilmington, North Carolina business agrees to provide something of value (a product or service) in exchange for something else of value (typically money), a contract is formed. A contract, put simply, is any agreement that the law will enforce. Contracts can be very simple, or incredibly intricate. In either case, if one party fails to perform under the terms of the contract, commercial litigation is one way to resolve the ensuing conflict.
How Can a Wilmington, North Carolina Commercial Litigation Lawyer Help?
In Wilmington, North Carolina, typically business owners know that commercial litigation can be caused by almost any business mishap, and the prospect of litigation can rear its head with almost no warning. They also know that it's a smart idea to be ready for this possibility, to ensure that the interruptions to their business operations that it will cause, as well as its costs, are kept to a minimum.
The best thing you can do on that front is retaining a knowledgeable Wilmington, North Carolina commercial litigation attorney. Your attorney can provide you with assistance and information that, if followed, will help you avoid litigation in the first place. And, if litigation becomes unavoidable, a reliable lawyer can give you the best possible chance of obtaining a favorable result in court.