Litigation Lawyers in Rochester
In Rochester, 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 Rochester, New York, you should expect any form of commercial litigation to be expensive and complex. While large and sophisticated companies are well-equipped to deal with civil litigation, and are often the ones facing it, civil litigation in Rochester, 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 Rochester, New York
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Rochester, 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 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: If you're buying a house, office space, or a plot of land in Rochester, New York, you're probably aware of the fact that something can go wrong at any stage of the process. Whether the seller's title is defective (they don't actually have the ownership interest that they claim to be conveying to you), or there's a physical defect on the property that wasn't disclosed, commercial litigation might be the only option to resolve the disputes that such problems are likely to create.
Sale of Goods: The sale or purchase of personal property is another common source of commercial litigation in Rochester, New York. For example, a restaurant owner might order tomatoes from a supplier, and fail to pay for them. The owner might argue that the tomatoes were rotten and unusable when they arrived, and he therefore does not have to pay. Obviously, if the two parties can't resolve this dispute somehow, they will have 2 options: simply let it go, and likely never do business with one another again, or go to court, and resolve it through civil litigation.
Business Loans: Often, when a business gets started in Rochester, New York, it has to take out a loan from a financial institution. If the business fails to make timely payments on the loan, it's possible that litigation will result.
Breach of Contract: When an individual or business in Rochester, New York, agrees to exchange something of value for something else of value (such as a product in exchange for money), they have entered into a binding agreement called a "contract." This means that each party can use the law to compel the other party to perform their obligations under the terms of the contract. If someone fails to perform under the agreement, commercial litigation is one option to resolve the resulting dispute.
How Can a Rochester, New York Commercial Litigation Lawyer Help?
In Rochester, 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 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.
A commercial litigation attorney in Rochester, New York can be very helpful in that regard. Your lawyer can advise you of your legal obligations, as well as your legal rights. Knowing what is required of you, and the people you deal with in a commercial context, is the best thing you can do to avoid commercial litigation, and to prevail in a dispute, should one occur.