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Portland Area Law Blog

The most common issues that can lead to business litigation

Anyone who owns and operates a business in Oregon or elsewhere knows that problems often arise that require legal assistance to resolve. Like it or not, this is just part of it. Here are some of the most common issues company owners face that can lead to business litigation. 

Problem number one: Unhappy customers. It is impossible to keep all clients happy all of the time. If there is a problem with a product or service, one has every right to seek a resolution. Many times, such issues can be resolved in private; however, there are times when lawsuits are filed, and litigation cannot be avoided. Depending on how one handles this type of situation, it can do a lot of damage to one's reputation.

Things to consider when purchasing commercial real estate

When buying a home, one wants to make sure the property is in good repair, that it passes all necessary inspections, that it meets one's needs and that one has financing in place. The same can be said for commercial real estate. Buying commercial property is a big investment. Oregon residents who wish to take this kind of thing on may want some assistance to ensure a smooth acquisition process.

Before looking at property, identifying financing is a must. One needs to know how much he or she has to work with. Having financing figured out from the get-go will help the acquisition process move along quickly.

Rather than estate litigation, think mediation

If you have a loved one who passed away recently, and you or someone else has an issue with the contents of his or her will -- or lack thereof -- you may find yourself in an Oregon probate court, fighting things out. Rather than estate litigation, though, you could consider mediation as an alternative to going to court. Why might you want to take a chance on mediation?

Mediation works -- in most cases. In order for it to be effective, all involved parties have to be willing to talk and negotiate. It does not matter how complex the issues at hand may be. It can work if all parties are eager to put in the effort to make it work.

Oregon's first to have statewide rent control: effects on tenants

As a tenant, you know how difficult it is when rents keep rising. The Oregon Legislature recently passed a bill trying to address this. What does it do and how is it likely to affect you as a tenant?

What does the new law do?

Oregon estate administration and litigation: Contesting a will

Closing out a loved one's estate can prove to be a challenging task. No one looks forward to it. Everyone looks forward to getting it over with. Unfortunately, probate in Oregon can take much longer than expected if someone chooses to contest a will officially. Estate administration and litigation can drag on for months or even years if this happens.

In order to successfully challenge a will, the individual filing the claim has to have sufficient evidence that the document is invalid. Obtaining such evidence is not always easy. Presenting such evidence and fighting one's case in court is difficult as well.

Oregon real estate: A few things about deeds

When selling or buying property in Oregon or elsewhere, a deed is needed to finalize the transfer of property. There are several types of deeds out there. This week, this column will briefly go over the different types, what is needed for a deed to be legally operative and what issues with these contracts can do to a real estate transaction.

Generally speaking, there are four different kinds of deeds, which are general warranty, special warranty, quitclaim and special purpose. A general warranty deed is great for buyers as it protects them should anyone claim they have rights to the property after the purchase is complete. A special warranty deed guarantees that the grantor owns and can sell the property and that during his or her ownership no encumbrances were incurred. Quitclaim contracts allow for the transfer of title but do not allow buyers any legal recourse should a problem with the title be discovered. Special purpose deeds come in many forms and are akin to quitclaim deeds.

Alternative dispute resolution: The ins and outs of mediation

When legal issues arise, the first thought is to go to court in order to achieve resolution. In some cases, that may very well be the best option. In other cases, going that far may not be necessary. Alternative dispute resolution methods exist to help Oregon business owners and residents solve their legal disputes without the cost and stress of litigation. Mediation is one such method.

Mediation is where both sides of a legal dispute meet to negotiate the matter. This they will do with a third party -- called a mediator -- present. The mediator's job is not to take sides. He or she is charged with the following tasks, among other things:

  • Define the problem
  • Offer solutions
  • Supervise information exchange
  • Help draft a settlement agreement

Oregon business law: Have an issue with your partner?

Starting a business is a big move. It takes guts, hard work and a lot of determination to make it a success. Doing it with a partner certainly has its advantages, but it can also have disadvantages as well, as disputes will most likely arise at some point. Those who own companies in Oregon and who find themselves dealing with a partnership issue would likely benefit from the services of a business law attorney when seeking resolution.

Any business partnership can start out great. Conflicts tend to arise over time. According to a recently published article, there are six main reasons why partnerships fail. Those reasons are:

  • Inability to trust one another
  • Failure to achieve success
  • Personality conflicts
  • Different goals/values
  • Different levels of commitment to the company
  • Partner is a friend, spouse or other relative

Having a POA can prevent conflict and litigation

Estate planning is something that many Oregon residents fail to do. Why? No one wants to think about dying. The truth is, estate planning is about more than preparing for one's death. It is about protecting oneself and preventing family conflict that may lead to litigation.

One way to prevent conflict that could lead to litigation is by having a power of attorney in place. A POA is a legal document in which an individual designates one or more people to act on his or her behalf in the event that he or she is not present or mentally or physically able to do so on his or her own. There are several different types of POA forms, they are:

  • Ordinary
  • Durable
  • Springing

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