Engaging in business and real estate ventures can be a rewarding experience, but they typically involve some degree of risk. While careful planning can help to avoid many of the pitfalls of entering into business transactions, in some instances, even people that took great care to develop clear and comprehensive arrangements may find themselves involved in civil actions. If you are faced with a disagreement over a contract, transaction, or other business or real estate matter, it is advisable to speak with a lawyer to assess what steps you can take to protect your interests. The assertive Cape Coral civil litigation attorneys of Lusk, Drasites & Tolisano, P.A. are adept at helping parties seek just resolutions in the Florida courts, and if you hire us, we will work tirelessly on your behalf. We frequently assist people in civil lawsuits in Cape Coral as well as in other cities throughout Florida.Examples of Civil Actions Arising Out of Business Disputes
When parties agree to purchase or sell real estate, they usually will negotiate the terms of an agreement, reduce the agreement to writing, and then engage in the process of transferring ownership. Similarly, parties will usually draft a written contract prior to renting property. If one party in a real estate transaction fails to comply with the contractual obligations or the parties disagree over the meaning of key terms, it can result in a contentious disagreement. Further, if a person or entity fails to properly disclose the condition of a property prior to transferring interest in the property, or fails to make other disclosures, it can result in civil actions and you may want to hire a civil litigation attorney in Cape Coral. In addition to disputes over real estate, disputes over the formation of a business, ownership rights in a company, and intellectual property rights can result in extensive litigation. Additionally, arguments over the sale of goods often lead to legal claims as well.Claims Commonly Asserted in Business and Real Estate Disputes
One of the most common claims asserted in a lawsuit arising out of a business or real estate dispute is breach of contract. Under Florida law, to recover under a breach of contract claim, the plaintiff must first prove the existence of a valid contract. The plaintiff must then prove that the defendant’s behavior constitutes a material breach of the agreement and that the breach caused the plaintiff to suffer harm. A breach will be considered material if it goes to the essence of the contract. In other words, it must involve the failure to perform one of the key obligations imposed by the terms of the agreement. Thus, if a defendant merely refused to perform an incidental contractual duty, it is unlikely that it will constitute a critical or material breach. A plaintiff that proves a defendant breached a contract may be awarded the damages that flowed from the breach, which usually means the financial harm caused by the defendant’s failure to comply with its duties. You should speak to our Cape Coral civil litigation lawyers.
Depending on the circumstances out of which the dispute arose, the aggrieved party may be able to assert other claims as well. For example, if the defendant carelessly or intentionally misled the plaintiff, it may give rise to a negligent or intentional misrepresentation claim. In some cases, a plaintiff may also be able to assert a fraud claim against the defendant. If you are faced with a dispute over a transaction or commercial matter, a knowledgeable lawyer can assess the facts of your case and advise you or your potential claims.Speak to a Dedicated Civil Litigation Attorney
Business dealings and real estate transactions are often complex, and when they go awry, it can have significant financial consequences. If you need assistance pursuing claims due to a contractual dispute or other disagreement related to your business, our dedicated attorneys can inform you of your options and develop a strategy to help you seek the best legal outcome possible under the facts of your case. We frequently represent people and companies in the pursuit of civil claims in Cape Coral, as well as in Fort Myers and Naples, and we have offices in all three cities. You can contact us at 855-409-3419 or through our online form to set up a conference with a civil litigation lawyer in Cape Coral to discuss your legal needs.