Litigation Lawyers in Montclair
In Montclair, 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 Montclair, New Jersey, litigation is perplexing and expensive. While it can come up between sophisticated companies, it can just as quicklyy involve individuals who would never guess that they'd one day be involved in a commercial litigation dispute in Montclair, New Jersey. It can arise from the most informal business transactions, such as a homeowner selling a piece of furniture to his neighbor.
Common Sources of Commercial Litigation in Montclair, New Jersey
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Montclair, New Jersey still need a physical location to operate. This space is usually 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: When buying real estate in Montclair, New Jersey, a lot of things can go wrong, possibly making commercial litigation imperative. In these cases, things like title defects (when the seller doesn't actually own the land or house that they're selling), physical defects in the property that weren't disclosed to the buyer, or a buyer's failure to tender payment on time, among other things, can all lead to commercial litigation.
Sale of Goods: Buying and selling personal property is far more typical than buying and selling real estate in Montclair, New Jersey. Therefore, 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 impossible.
Business Loans: In Montclair, New Jersey, it's typical for new businesses to require a loan from a bank to get started. This can, sometimes, lead to disputes between the borrower and lender. For instance, the borrower might habitually fail to make payments on time. This will lead to the lender trying to collect, and possibly resorting to commercial litigation.
Breach of Contract: When a Montclair, New Jersey business agrees to provide something of value (a product or service) in exchange for something else of value (usually money), a contract is formed. A contract, put simply, is any agreement that the law will enforce. Contracts can be very simple, or incredibly complex. In either case, if one party fails to perform under the terms of the contract, commercial litigation is one way to resolve the ensuing disagreement.
How Can a Montclair, New Jersey Commercial Litigation Lawyer Help?
If you are operating a business in Montclair, New Jersey, it's likely pretty clear that commercial litigation can arise from almost any business deal, and that a dispute leading to litigation rarely comes at a convenient moment. So, it's crucial to be prepared for any reasonably likely commercial litigation scenario.
On that front, the single best thing you can do is, by far, to seek the advice of an experienced Montclair, 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 success if commercial litigation is unavoidable.