Litigation Lawyers in Charleston
Commercial Litigation in Charleston, South Carolina is a legal dispute that originated from some type of business transaction, which ends up in court. Commercial litigation can arise between basically any two entities, and in almost any situation.
In Charleston, South Carolina commercial litigation can be very confusing and costly. While it normally involves two business in a legal dispute with one another, it might also arise between average individuals who were engaged in an informal business transaction (such as someone selling a car to her neighbor), and never would have guessed that they might be thrown into a commercial litigation case in Charleston, South Carolina.
Common Sources of Commercial Litigation in Charleston, South Carolina
Commercial Leases: In Charleston, South Carolina, the vast majority of small businesses need some physical location from which to operate. Most of the time, business owners rent this space from a third party, and have a written agreement laying out these rental terms. This contract is called a "commercial lease." These contracts are occasionally breached by one, or both, of the parties involved. When this occurs, commercial litigation is generally the result.
Sales of Real Estate: If you're buying a house, office space, or a plot of land in Charleston, South Carolina, 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 directly 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 disagreements that such problems are likely to create.
Sale of Goods: It's far more prevalent for individuals to buy personal property, rather than real estate, in Charleston, South Carolina. 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: Frequently, when a business gets started in Charleston, South Carolina, 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: In Charleston, South Carolina, 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 Charleston, South Carolina Commercial Litigation Lawyer Help?
If you have a business in Charleston, South Carolina, it should by now be apparent that there are various different situations from which commercial litigation can arise, and it rarely happens when it's expected. So, it's always smart to have a plan in place (and money or insurance set aside, if possible) to resolve a commercial litigation issue, should it arise.
The best thing you can do on that front is retaining a knowledgeable Charleston, South Carolina commercial litigation attorney. Your attorney can provide you with assistance and information that, if followed, will help you avoid litigation in the first place. And, if litigation becomes unavoidable, a reliable lawyer can give you the best possible chance of obtaining a favorable result in court.