Litigation Lawyers in Oshkosh
In Oshkosh, Wisconsin, "commercial litigation" refers to any legal disagreement 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.
In Oshkosh, Wisconsin commercial litigation can be very perplexing and costly. While it typically 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 Oshkosh, Wisconsin.
Common Sources of Commercial Litigation in Oshkosh, Wisconsin
Commercial Leases: Despite the rise of the Internet, and e-commerce, most businesses in Oshkosh, Wisconsin still need a physical location to operate. This space is usually rented from another party, under terms laid out in a commercial lease. These leases can lead to disagreements, 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 Oshkosh, Wisconsin, there are plenty of things that can go awry in the process. For instance, 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 sure to cause a dispute, and if the parties cannot resolve it amongst themselves, commercial litigation might be the only choice.
Sale of Goods: In Oshkosh, Wisconsin, the sale and purchase of personal property is also a common source of commercial litigation. Just like any business transaction, things can go wrong in the sale of goods. For instance, the seller might deliver the wrong goods to the buyer, or deliver them late. Likewise, the buyer might fail to pay for the goods at the agreed time. Most of the time, business people are able to resolve these disputes without resorting to commercial litigation. In rare cases, however, they have to take their dispute to court, and settle it that way.
Business Loans: Starting a business in Oshkosh, Wisconsin, or anywhere else, is costly. Usually, when somebody starts a business, they have to take out a loan from a bank. However, if the lender engages in some type of improper activity (such as trying to collect payment in a manner not allowed in the loan agreement), or the borrower doesn't make the payments on time, commercial litigation is likely to result.
Breach of Contract: Whenever a business in Oshkosh, Wisconsin agrees to provide a product or service in exchange for something of value (usually money), a legally-binding agreement, called a "contract," is created. 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 dispute.
How Can a Oshkosh, Wisconsin Commercial Litigation Lawyer Help?
If you are operating a business in Oshkosh, Wisconsin, it's likely pretty clear that commercial litigation can arise from almost any business deal, and that a dispute leading to litigation rarely comes at a convenient moment. So, it's critical to be prepared for any reasonably likely commercial litigation scenario.
A commercial litigation attorney in Oshkosh, Wisconsin can be very helpful in that regard. Your lawyer can advise you of your legal commitments, as well as your legal rights. Knowing what is required of you, and the individuals you deal with in a commercial context, is the best thing you can do to avoid commercial litigation, and to succeed in a dispute, should one occur.