Litigation Lawyers in Martinsburg
In Martinsburg, 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 Martinsburg, 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 Martinsburg, West Virginia.
Common Sources of Commercial Litigation in Martinsburg, West Virginia
Commercial Leases: Most businesses in Martinsburg, 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: Whether you're buying a house, an office building, or a vacant lot in Martinsburg, West Virginia, 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: The sale or purchase of personal property is another frequent source of commercial litigation in Martinsburg, 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: Usually, when a business gets started in Martinsburg, West Virginia, 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: When an individual or business in Martinsburg, West Virginia, agrees to exchange something of value for something else of value (such as a product in exchange for money), they have entered into a binding agreement called a "contract." This means that each party can use the law to compel the other party to execute their commitments under the terms of the contract. If someone fails to perform under the agreement, commercial litigation is one avenue to resolve the resulting dispute.
How Can a Martinsburg, West Virginia Commercial Litigation Lawyer Help?
In Martinsburg, West Virginia, generally business owners know that commercial litigation can be caused by almost any business mishap, and the prospect of litigation can rear its head with almost no warning. They also know that it's a smart idea to be ready for this possibility, to ensure that the interruptions to their business operations that it will cause, as well as its costs, are kept to a minimum.
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 Martinsburg, West Virginia can be very valuable 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.