Litigation Lawyers in Santa Fe
In Santa Fe, New Mexico, 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 Santa Fe, New Mexico, 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 Santa Fe, New Mexico. 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 Santa Fe, New Mexico
Commercial Leases: Most individuals who have businesses in Santa Fe, New Mexico need a physical location from which to run their operation. Often, the business owner has to rent some office or commercial space from somebody who owns a building or plot of land. The terms of these rentals are put in writing in commercial leases. Like any contract, when one party violates one of the provisions of the lease, such as by failing to pay rent, commercial litigation might be used, as a last resort, to resolve the dispute.
Sales of Real Estate: When buying a house or a plot of land in Santa Fe, New Mexico, there are numerous 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 dispute, 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 Santa Fe, New Mexico. 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: When someone starts a small business in Santa Fe, New Mexico, they usually 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 dispute.
Breach of Contract: Whenever a business in Santa Fe, New Mexico agrees to provide a product or service in exchange for something of value (usually 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 dispute.
How Can a Santa Fe, New Mexico Commercial Litigation Lawyer Help?
If you have a business in Santa Fe, New Mexico, it should by now be obvious that there are many 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.
On that front, the single best thing you can do is, by far, to seek the advice of an experienced Santa Fe, New Mexico 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.