Litigation Lawyers in Newark
In Newark, New York, 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 Newark, New York, you should expect any form of commercial litigation to be expensive and perplexing. While large and sophisticated companies are well-equipped to deal with civil litigation, and are usually the ones facing it, civil litigation in Newark, New York can also arise between those who are not nearly as accustomed to handling it, such as individuals and small businesses.
Common Sources of Commercial Litigation in Newark, New York
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Newark, New York 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 Newark, New York, 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 Newark, New York. 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 Newark, New York, 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 Newark, New York 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 Newark, New York Commercial Litigation Lawyer Help?
In Newark, New York, mostly 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 ready 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.
A commercial litigation attorney in Newark, New York can be very helpful in that regard. Your lawyer can advise you of your legal commitments, as well as your legal rights. Knowing what is required of you, and the individuals you deal with in a commercial context, is the best thing you can do to avoid commercial litigation, and to succeed in a dispute, should one occur.