Litigation Lawyers in Elkins
In Elkins, West Virginia, "commercial litigation" refers to any legal dispute 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 Elkins, West Virginia commercial litigation can be very difficult and costly. While it usually 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 Elkins, West Virginia.
Common Sources of Commercial Litigation in Elkins, West Virginia
Commercial Leases: Most businesses in Elkins, West Virginia operate from a single physical location, despite the rise of the Internet and e-commerce. These locations are often in rented space, which is normally more cost-effective than purchasing real estate just for the purpose of operating a business. These rental contracts are laid out in documents called "commercial leases." Like every other contract, these leases are occasionally broken. If the parties cannot resolve the ensuing dispute amongst themselves, they might have to resort to commercial litigation.
Sales of Real Estate: When buying a house or a plot of land in Elkins, West Virginia, there are numerous 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 disagreement, which might lead to commercial litigation, is possible.
Sale of Goods: The sale or purchase of personal property is another frequent source of commercial litigation in Elkins, West Virginia. For instance, a restaurant owner might order tomatoes from a supplier, and fail to pay for them. The owner might argue that the tomatoes were rotten and unusable when they arrived, and he therefore does not have to pay. Obviously, if the two parties can't resolve this disagreement somehow, they will have 2 options: simply let it go, and likely never do business with one another again, or go to court, and resolve it through civil litigation.
Business Loans: When someone starts a small business in Elkins, West Virginia, they normally 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 disagreement.
Breach of Contract: Whenever a business in Elkins, West Virginia agrees to provide a product or service in exchange for something of value (normally 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 disagreement.
How Can a Elkins, West Virginia Commercial Litigation Lawyer Help?
Business owners in Elkins, West Virginia 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 wise, 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.
A commercial litigation attorney in Elkins, West Virginia can be very valuable 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.