Skilled Representation In Consumer And Commercial Dispute Litigation
Whether you are a business owner facing off against another business or a consumer who was cheated by a dishonest merchant, legal remedies are available. Unfortunately, it can be difficult to avail yourself of these protections on your own. That’s why it’s a good idea to work with an experienced commercial dispute lawyer. In Mansfield and surrounding areas of Texas, the easy choice for representation is Bradlyn J. Cole & Associates, PLLC.
Litigating Breach Of Contract Claims
Contracts are an essential part of doing business and defining the terms of an agreement between parties. They may be in writing or verbal, though Texas law restricts the kinds of verbal contracts that are enforceable. There are numerous elements that would make a contract valid under Texas law, the most basic of which is each party consenting to the terms of the agreement. Also necessary is “consideration,” or something of value exchanged by the parties to “seal the deal.”
A breach of a contract can occur in many ways, including one party’s failure to uphold the terms or one party delivering a result or product substantially different from what was agreed upon. If one party has reason to believe that the other party will fail to meet its obligations, it can sue for “anticipatory breach of contract.”
If you have been involved in a dispute involving a breach of contract, you need a contract dispute lawyer with the knowledge and resources to help protect your rights. Call Bradlyn J. Cole & Associates, PLLC, for a free evaluation of your potential claim and available remedies.
Were You A Victim Of Deceptive Trade Practices?
Texas consumers have been provided significant protection since the Deceptive Trade Practices Act (DTPA) was passed in 1973. The goal of the act is to protect consumers against harm, including:
- False and misleading claims
- Breaches of warranty
- Deceptive practices by businesses and insurance companies
- Unconscionable actions
Some 27 acts are specifically prohibited under Section 17.46(b) of the Texas Business and Commerce Code. Consumers who have fallen victim to any of the prohibited practices can sue for damages under the DTPA. If you believe you may have a claim that falls within the DTPA, attorney Cole would be happy to examine the details of your case and help you understand your rights and available legal remedies.
Holding Manufacturers And Sellers Liable For Breach Of Warranty
Texas consumers are provided certain guarantees, or warranties, by manufacturers and sellers when purchasing a product. These guarantees may be express (in writing) or implied. When a product does not live up to these guarantees, the consumer may have a claim for breach of warranty.
An express warranty is anything that a seller represents to a buyer about the product. There are two types of implied warranties. The first is an implied promise that a product is fit for a particular purpose. The second is an implied promise that it is of reasonable quality.
If you have purchased merchandise that you believe is not of the quality or standard that the manufacturer or seller represented and, as a result, you have incurred damages, you may have a valid breach of warranty claim.
Bad Faith Claims And Other Insurance Disputes
Consumers purchase insurance for the peace of mind that if an unfortunate incident occurs, they have financial protection. Insurance providers happily accept premiums but do not always readily pay out legitimate claims.
When you make a claim, an insurer can rightfully deny the claim if it is not covered under your policy. However, insurers are not allowed to knowingly and willfully refuse to pay a claim that is valid under the terms of the policy. If this has happened to you, attorney Cole may be able to help you bring a bad faith claim against the insurance company.
Contact The Firm Today For A Free Consultation
To speak with a skilled attorney about your rights and legal options, contact Bradlyn J. Cole & Associates, PLLC, to schedule a free initial consultation. You can reach out online or call the firm’s office at 682-332-4689.