Sacramento Contract Dispute Attorneys
Offering extensive business law experience representing plaintiffs and defendants in contract dispute cases, our skilled business lawyers advocate for clients throughout Sacramento County. Please call 916-930-0030 if you have a contract dispute. Our business lawyer team will be happy to assess your matter and help you formulate a plan of action to obtain positive results.
More on Business Law from the Sacramento Contract Dispute Attorneys…
Contracts are essential for nearly all business and real estate transactions. They are the bedrock of our capitalist financial system. Usually, the Court will require a contract to be in writing. But this is not always the case, as oral contracts in specific situations are enforceable in a court of law. However, certain types of contracts must be in writing pursuant to the statute of frauds. An example of this is any contract relating to an interest in real property. Contrary to popular belief, even some written contracts can be void as is the case when a contract conflicts with public policy. An example of this would be a gambling contract, or a contract that restricts an employee from working in a trade or certain area of expertise after the employment ends (illegal non-competition contracts).
In some contract dispute matters, a plaintiff may have obligations even when the defendant is the party responsible for the breach. Commonly, the Courts will order a plaintiff to mitigate damages. For example, if a tenant agrees with a landlord to lease office space for twelve months, and stops paying after three months, the landlord is not automatically entitled to damages for nine months of rent. The landlord is obligated to attempt to find a new tenant. In the event a tenant is found, damages will only be assessed for the amount of time the landlord did not have a tenant. Another important consideration is a contract’s attorney’s fees provision. In most cases, a plaintiff will have to pay his or her own legal fees even if one prevails in court.There are also different remedies available to a plaintiff in a contract dispute case. The most common remedy is damages. However, in certain circumstances a plaintiff can obtain a remedy of specific performance. This means that the defendant will be required to perform his or her contractual obligation. For example, suppose you enter into a contract to purchase a house. In a very hot housing market, as was the case in 2003, the value of the house could have increased many thousands of dollars during the course of a 60 day escrow period. If the seller breaches the contract by deciding not to go through with the sale, the buyer can go to court, or arbitration, to force the seller to complete the sale. This allows the buyer to obtain title to the property and obtain the benefit of the increase in the value of the property.
Protect Your Rights with an Experienced Sacramento Contract Dispute Attorney
The Sacramento contract dispute attorneys at Kassouni Law recommend contacting an attorney as soon as possible when a contract dispute arises. They further suggest that every attempt should be made to resolve the contract dispute without a lawsuit to minimize legal fees. Should the need arise for a lawsuit, it must be brought within the statute of limitations. In California, the applicable statute of limitations for contract disputes is four years from the time of breach. If you have any contract related concerns, please contact the Sacramento business lawyers at Kassouni Law by calling 916-930-0030 for a consultation. Our attorneys will be pleased to assess your rights and remedies to help you form a strategic legal plan of action.