Litigation Lawyers in Westchester County
In Westchester County, 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 Westchester County, 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 Westchester County, 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 Westchester County, New York
Commercial Leases: Most people who have businesses in Westchester County, New York need a physical location from which to run their operation. Often, the business owner has to rent some office or commercial space from somebody who owns a building or plot of land. The terms of these rentals are put in writing in commercial leases. Like any contract, when one party violates one of the clauses of the lease, such as by failing to pay rent, commercial litigation might be used, as a last resort, to resolve the conflict.
Sales of Real Estate: When buying a house or a plot of land in Westchester County, New York, there are several things that can go wrong, which can lead to commercial litigation. Whether there is a defect in the seller's title, a physical defect on the property that the seller did not disclose, or the buyer fails to make timely payment, a conflict, which might lead to commercial litigation, is possible.
Sale of Goods: Buying and selling personal property is far more common than buying and selling real estate in Westchester County, 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 Westchester County, 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: In Westchester County, New York, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for example), they have entered into a contract, which is a legally-binding agreement. A contract requires at least two parties, and if either of them fails to do what is required of them under the arrangement, they are said to be in "breach" of the contract. If they do not remedy the situation, or the other party does not waive the requirement, a conflict is likely, which might lead to commercial litigation.
How Can a Westchester County, New York Commercial Litigation Lawyer Help?
If you run a business in Westchester County, New York, it should be clear by now that commercial litigation can arise in many different cases, possibly when you least expect it. For that reason, it's a good idea to have plans in place to deal with commercial litigation concerns, should they come up.
The best thing you can do on that front is retaining a knowledgeable Westchester County, New York commercial litigation attorney. Your attorney can provide you with advice and information that, if followed, will help you avoid litigation in the first place. And, if litigation becomes unavoidable, a knowledgeable lawyer can give you the best possible chance of obtaining a favorable result in court.