Litigation Lawyers in Independence
In Independence, Ohio, 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 Independence, Ohio, you should expect any form of commercial litigation to be expensive and complicated. While large and sophisticated companies are well-equipped to deal with civil litigation, and are usually the ones facing it, civil litigation in Independence, Ohio 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 Independence, Ohio
Commercial Leases: Even though more businesses than ever are relying on the internet to sell their goods, the majority of small businesses in Independence, Ohio still have to operate from a physical location. The space from which most businesses operate is typically rented, and the terms of the rental agreement are documented in a contract called a commercial lease. These contracts, like any other, are sometimes breached. When, for example, the tenant fails to pay rent on time, or the landlord fails to perform required building maintenance, a conflict might arise, leading to commercial litigation.
Sales of Real Estate: When buying a house or a plot of land in Independence, Ohio, there are various 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: It's far more prevalent for individuals to buy personal property, rather than real estate, in Independence, Ohio. 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 instance, 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 disagreements lead to commercial litigation.
Business Loans: When someone starts a small business in Independence, Ohio, they typically 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 conflict.
Breach of Contract: In Independence, Ohio, contract law is simple in principle: when someone agrees to exchange value for value (a product in exchange for money, for instance), 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 Independence, Ohio Commercial Litigation Lawyer Help?
Business owners in Independence, Ohio 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 occur in the future.
And the best thing you can do on that front is to take steps to minimize the chances of disagreements leading to commercial litigation in the first place. Commercial lawyers in Independence, Ohio 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 disagreements in the first place.