Litigation Lawyers in Niagara Falls
In Niagara Falls, New York, commercial litigation is any legal conflict that involves some type of business transaction. Commercial litigation can be between two businesses, a business and an individual, or two individuals. It typically comes up when everyone involved least expects it, and it can arise from just about any matter.
In Niagara Falls, New York, you should expect any form of commercial litigation to be expensive and confusing. While large and sophisticated companies are well-equipped to deal with civil litigation, and are typically the ones facing it, civil litigation in Niagara Falls, 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 Niagara Falls, New York
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Niagara Falls, New York still need a physical location to operate. This space is typically rented from another party, under terms laid out in a commercial lease. These leases can lead to disputes, 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 Niagara Falls, 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 directly 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 common than buying and selling real estate in Niagara Falls, New York. Consequently, it's also more common for commercial litigation to arise out of disputes 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 relatively rare cases, they have to resort to commercial litigation when a negotiated settlement is unrealistic.
Business Loans: When someone starts a small business in Niagara Falls, New York, they typically 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 conflict.
Breach of Contract: When a Niagara Falls, New York business agrees to provide something of value (a product or service) in exchange for something else of value (typically money), a contract is formed. A contract, put simply, is any agreement that the law will enforce. Contracts can be very simple, or incredibly intricate. In either case, if one party fails to perform under the terms of the contract, commercial litigation is one way to resolve the ensuing conflict.
How Can a Niagara Falls, New York Commercial Litigation Lawyer Help?
In Niagara Falls, New York, typically 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 Niagara Falls, New York can be very advantageous 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.