Litigation Lawyers in Jamestown
In Jamestown, North Dakota, 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 Jamestown, North Dakota commercial litigation can be very intricate and costly. While it normally 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 Jamestown, North Dakota.
Common Sources of Commercial Litigation in Jamestown, North Dakota
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Jamestown, North Dakota 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 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: Buying office space, a home, or an empty plot of land in Jamestown, North Dakota is not a simple process, and something can go wrong at any step along the way. For instance, 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 certainly lead to the buyer demanding compensation, in the form of a full or partial refund, from the seller. If no agreement can be reached, commercial litigation is the likely result.
Sale of Goods: Buying and selling personal property is far more common than buying and selling real estate in Jamestown, North Dakota. Consequently, 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 unrealistic.
Business Loans: Starting a business in Jamestown, North Dakota, or anywhere else, is expensive. Typically, 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 permitted in the loan agreement), or the borrower doesn't make the payments on time, commercial litigation is likely to result.
Breach of Contract: In Jamestown, North Dakota, 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 arrangement, 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 conflict is likely, which might lead to commercial litigation.
How Can a Jamestown, North Dakota Commercial Litigation Lawyer Help?
Business owners in Jamestown, North Dakota 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 happen in the future.
A Jamestown, North Dakota commercial litigation attorney can help you on that front. A knowledgeable attorney can advise you of your legal rights and obligations, to avoid litigation in the first place, and can provide you with the best possible chance of prevailing if commercial litigation does arise.