Litigation Lawyers in Essex County
In Essex County, New Jersey, commercial litigation is any legal disagreement that involves some type of business transaction. Commercial litigation can be between two businesses, a business and an individual, or two individuals. It normally comes up when everyone involved least expects it, and it can arise from just about any issue.
In Essex County, New Jersey commercial litigation can be very convoluted and costly. While it usually 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 Essex County, New Jersey.
Common Sources of Commercial Litigation in Essex County, New Jersey
Commercial Leases: In Essex County, 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 usually the result.
Sales of Real Estate: Whether you're buying a house, an office building, or a vacant lot in Essex County, 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 frequent for individuals to buy personal property, rather than real estate, in Essex County, 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 disagreement. In some cases, these disputes lead to commercial litigation.
Business Loans: When someone starts a small business in Essex County, New Jersey, they normally 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 disagreement.
Breach of Contract: In Essex County, New Jersey, 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 contract, 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 disagreement is likely, which might lead to commercial litigation.
How Can a Essex County, New Jersey Commercial Litigation Lawyer Help?
If you run a business in Essex County, New Jersey, it should be clear by now that commercial litigation can arise in many different instances, possibly when you least expect it. For that reason, it's a good idea to have plans in place to deal with commercial litigation contentions, should they come up.
A commercial litigation attorney in Essex County, New Jersey can be very valuable 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.