Litigation Lawyers in Herkimer
In Herkimer, New York, 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 Herkimer, New York, litigation is convoluted and expensive. While it can come up between sophisticated companies, it can just as easilyy involve people who would never guess that they'd one day be involved in a commercial litigation dispute in Herkimer, New York. 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 Herkimer, New York
Commercial Leases: In Herkimer, New York, 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: When buying real estate in Herkimer, New York, a lot of things can go wrong, possibly making commercial litigation essential. In these cases, things like title defects (when the seller doesn't really 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: In Herkimer, New York, the sale and purchase of personal property is also a frequent source of commercial litigation. Just like any business transaction, things can go wrong in the sale of goods. For example, the seller might deliver the wrong goods to the buyer, or deliver them late. Likewise, the buyer might fail to pay for the goods at the agreed time. Most of the time, business people are able to resolve these disputes without resorting to commercial litigation. In rare cases, however, they have to take their disagreement to court, and settle it that way.
Business Loans: When a business is started up in Herkimer, New York, one of the first steps is normally to take out a loan from a bank. However, this is a difficult process, and there are many things that can go wrong. If the borrower fails to make the required payments, or the lender attempts to defraud the buyer, civil litigation is a strong possibility.
Breach of Contract: Whenever a business in Herkimer, New York agrees to provide a product or service in exchange for something of value (normally 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 disagreement.
How Can a Herkimer, New York Commercial Litigation Lawyer Help?
In Herkimer, New York, generally business owners know that commercial litigation can be caused by almost any business mishap, and the prospect of litigation can rear its head with almost no warning. They also know that it's a smart idea to be prepared for this possibility, to ensure that the interruptions to their business operations that it will cause, as well as its costs, are kept to a minimum.
And the best thing you can do on that front is to take steps to minimize the chances of disputes leading to commercial litigation in the first place. Commercial lawyers in Herkimer, New York can be very valuable with that. By advising you of your legal rights and obligations, your attorney can help you avoid making the mistakes that lead to legal disputes in the first place.