Litigation Lawyers in Elizabeth
In Elizabeth, New Jersey, 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 Elizabeth, New Jersey 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 Elizabeth, New Jersey.
Common Sources of Commercial Litigation in Elizabeth, New Jersey
Commercial Leases: In Elizabeth, New Jersey, 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: Whether you're buying a house, an office building, or a vacant lot in Elizabeth, New Jersey, there are plenty of things that can go awry in the process. For example, 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 certain to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only option.
Sale of Goods: It's far more common for individuals to buy personal property, rather than real estate, in Elizabeth, New Jersey. And, like any transaction, the sale of goods can lead to civil litigation if one of the parties feels that the other did not perform under the agreed-upon terms. For example, if a buyer fails to pay the agreed price for the goods, or the seller delivers a late, defective, or incomplete order, there is going to be a dispute. In some cases, these disputes lead to commercial litigation.
Business Loans: When someone starts a small business in Elizabeth, New Jersey, they usually don't have the money to fund its start-up and first few years of operation. So, the first 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 dispute.
Breach of Contract: Whenever a business in Elizabeth, New Jersey agrees to provide a product or service in exchange for something of value (usually 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 dispute.
How Can a Elizabeth, New Jersey Commercial Litigation Lawyer Help?
Business owners in Elizabeth, New Jersey 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.
On that front, the single best thing you can do is, by far, to seek the advice of an experienced Elizabeth, New Jersey 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.