Litigation Lawyers in Durham
In Durham, New Hampshire, 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 Durham, New Hampshire 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 Durham, New Hampshire.
Common Sources of Commercial Litigation in Durham, New Hampshire
Commercial Leases: In Durham, New Hampshire, 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 occasionally breached by one, or both, of the parties involved. When this occurs, commercial litigation is typically the result.
Sales of Real Estate: When buying a house or a plot of land in Durham, New Hampshire, there are various things that can go wrong, which can lead to commercial litigation. Whether there is a defect in the seller's title, a physical defect on the property that the seller did not disclose, or the buyer fails to make timely payment, a conflict, which might lead to commercial litigation, is possible.
Sale of Goods: Buying and selling personal property is far more typical than buying and selling real estate in Durham, New Hampshire. 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 Durham, New Hampshire, 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 Durham, New Hampshire 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 Durham, New Hampshire Commercial Litigation Lawyer Help?
If you have a business in Durham, New Hampshire, it should by now be apparent that there are various 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.
The best thing you can do on that front is retaining a knowledgeable Durham, New Hampshire 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.