Litigation Lawyers in Smithfield
In Smithfield, Virginia, "commercial litigation" refers to any legal conflict between business entities, arising from some type of business transaction, which ends up being settled through the legal system. It can arise in almost any situation, at any time.
Commercial litigation in Smithfield, Virginia is often very confusing and expensive, and while it often involves two businesses in a legal dispute, it can also come up between ordinary individuals, who never thought they'd get involved in Smithfield, Virginia commercial litigation.
Common Sources of Commercial Litigation in Smithfield, Virginia
Commercial Leases: Most people who have businesses in Smithfield, Virginia 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: Buying office space, a home, or an empty plot of land in Smithfield, Virginia is not a simple process, and something can go wrong at any step along the way. For instance, there might be a title defect, or some type of physical flaw on the property, and the seller fails to disclose it to the buyer, this will almost certainly lead to the buyer demanding compensation, in the form of a full or partial refund, from the seller. If no agreement can be reached, commercial litigation is the likely result.
Sale of Goods: Buying and selling personal property is far more common than buying and selling real estate in Smithfield, Virginia. 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 Smithfield, Virginia, 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 Smithfield, Virginia, 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 Smithfield, Virginia Commercial Litigation Lawyer Help?
If you run a business in Smithfield, Virginia, 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.
And the best thing you can do on that front is to take steps to minimize the chances of disputes leading to commercial litigation in the first place. Commercial lawyers in Smithfield, Virginia 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 disputes in the first place.