Litigation Lawyers in Schenectady
In Schenectady, 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 Schenectady, 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 often the ones facing it, civil litigation in Schenectady, 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 Schenectady, New York
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Schenectady, 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: Whether you're buying a house, an office building, or a vacant lot in Schenectady, New York, there are plenty of things that can go awry in the process. For example, the seller might fail to disclose an easement on the property, or a physical defect, which you only discover after the sale is final. Or, if you're the seller, the buyer might fail to pay on time. Such mishaps are almost certain to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only option.
Sale of Goods: It's far more prevalent for individuals to buy personal property, rather than real estate, in Schenectady, New York. And, like any transaction, the sale of goods can lead to civil litigation if one of the parties feels that the other did not perform under the agreed-upon terms. For example, if a buyer fails to pay the agreed price for the goods, or the seller delivers a late, defective, or incomplete order, there is going to be a conflict. In some cases, these disputes lead to commercial litigation.
Business Loans: When someone starts a small business in Schenectady, 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: Whenever a business in Schenectady, New York agrees to provide a product or service in exchange for something of value (typically 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 conflict.
How Can a Schenectady, New York Commercial Litigation Lawyer Help?
Business owners in Schenectady, New York are probably aware of the fact that commercial litigation can always be just around the corner, and just about any business deal that goes bad can trigger it. It's advisable, therefore, to take some simple steps to prepare for possibly civil litigation, so it will only be minimally disruptive to your business, should it happen in the future.
A commercial litigation attorney in Schenectady, New York can be very advantageous 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.