Business and Commercial
Litigation should never be lightly entered into. You should give much thought and consideration to the amount of time and expense that will be required. When litigation is entrusted to inexperienced attorneys, the results can be uncertain and costly. We have a proven track record of success litigating cases involving:
- Breach of Contract
- Breach of Express or Implied Warranties
- Commercial Transactions
- Consumer Complaints and Actions
- Deceptive Trade Practices Actions
- Partnership Disputes
- Shareholder claims in privately held companies
When your business is under fire, you should be able to rely on your attorneys as trusted advisors. We have that experience for you.
Many lawsuits involve a breach of contract. The party attempting to enforce the contract bears the burden of proof to establish that a contract existed and that the contract was breached by the other side. Written contracts are therefore always preferable because they are easier to prove to the court.
Oral contracts, although harder to prove, can still be the basis of your lawsuit. To establish an oral contract, you have to demonstrate the terms of the agreement through testimony, actions of the parties and possible payment of the purchase price. Therefore, be careful with oral promises or representations in a business context.
If misunderstood or perhaps intentionally misconstrued, your words could become the basis of a lawsuit against you or your company which, even if unsuccessful, involve substantial cost to defend. However, contracts within the statutes of frauds, such as for the sale of real property, MUST be in writing or they are generally unenforceable even if they can be proven to have been entered into by the parties.
Properly drafted documents are easier to enforce and, therefore, act as a deterrent to non-performance. Written documents can also avoid confusion as to oral statements made during negotiations which were not intended to be incorporated into the final agreement of the parties.
Once a party signs, he is bound to the terms contained in the written contract even if the other party may have orally agreed to different terms or even if he never read the agreement. Consequently, a party must review a written agreement to insure it complies with his understanding. He cannot rely on what someone said is or would be in the contract.
Incomplete or Ambiguous Documentation
Contracts that leave out an essential term or provide that an issue will be determined later without a means to do so are unenforceable. Likewise, contracts which must be in writing require a complete written description of any property or other subject matter involved in order to be enforceable. Therefore, all documents must be reviewed carefully to be sure all issues are addressed. In particular, be certain any specifications or other material incorporated by reference is clearly identifiable or attached to the contract, preferably to be initialed by all parties.
Real estate litigation includes evictions in commercial or residential properties, other landlord-tenant disputes, deceptive trade practice claims from non-disclosure or misrepresentation, boundary disputes, zoning, inverse condemnation, suits over flooding and drainage problems arising from improper land development or construction, nuisance abatement relating to improper property maintenance or excessive noise, and disputes over priority or enforcement of mortgages and mechanics liens.
It has been our experience that real estate litigation frequently involves parties that are stubborn and entrenched in their positions that these matters frequently go to trial. We provide honest consultation and recommendations about your case and issues involved and do not back down from a fight. Additionally, we have experience in the collection of assets, including real estate, against judgment debtors. Our attorneys have successfully litigated and tried several matters involving real estate issues including:
- Adverse Possession
- Breach of Contract
- Breach of Fiduciary Duty
- Broker and Agent Liability
- Common Law Fraud
- Constructive Fraud
- Deceptive Trade Practices
- Fraud in Real Estate
- Wrongful Foreclosure
- Lis Pendens
- Real Estate Partnership Issues
- Trespass to Try Title
- Unjust Enrichment
We provide cost effective representation targeted to your legal goals and we obtain results.