Thank you for the information, Aaron. I even thank you, Gary, for your response because it was well thought out and an attempt to be helpful. As for JR - I think our good ol' "Dallas" always-ready-with-an-insult bad boy must have moved to New York City! And maybe, judging from the picture, he's even had a sex change. LOL. - Wed Feb 20 2008, 15:37
I beg your pardon, Kathy, I DID locate where the reservation of mineral interests is listed in the Farm & Ranch contract - 2F. Thanks. - Sun Feb 17 2008, 09:20
"IF it is over 10 acres, you should have used a farm/ranch contract. This particular form has the appropriate areas to address just this."
Kathy, I read the farm & ranch TREC contract, and I do not see anywhere mineral rights are mentioned(?) Am I missing something? - Sun Feb 17 2008, 09:18
Kathy, the house for sale has one acre. The standard TREC form is appropriate. And you're right, TEXAS is a whole 'nother country! LOL. - Sun Feb 17 2008, 09:08
To Gary in Pampa: I laughed a little in appreciation when I read your response, but please don't think realtors are the only ones who "don't get no respect", and are asked for free advice. I'm an accountant, and around tax time, I have all kinds of friends come out of the woodwork! Yes, we're all supposed to become tax experts every April, but as we all know, it ain't that easy.
Please accept my apologies if I've tromped on any toes here in this forum. I'm sure there are many good compitent knowledgable realtors around. It has just been my luck to not run into one personally. To be done right, I'm sure you can't just "dabble" in real estate. It's a profession like any other, with some good at it and some not so good. - Sun Feb 17 2008, 00:28
Yes to Naima, the previous owner transferred mineral rights. I'm not sure they even knew it! When we purchased the property, Barnett Shale was not active, and no one was concerned about mineral rights much, at least not in residential areas here in Texas (as you probably already know working in DFW). It was not mentioned specifically in the contract, either. What matters is the language of the Deed itself. I've worked in the oil & gas industry for most of my life, and I'm ashamed to say I didn't even know we owned the mineral rights until we were contacted by the party that leased those rights.
Unfortunately, we may lose our current sale because of this. Although I was upfront about this from the beginning of our negotiations, when they saw it in black and white, they want to "think about it" before signing the contract. I even gave them the addendum advising them to see a lawyer, but we'll see. It ain't over 'til it's over, thank goodness. I hate to jinx an offer in this lousy market, but, oh well, another will come along. Luckily, we don't HAVE to sell right now. That gives us a certain advantage, I guess.
I appreciate all the feedback. Maybe we'll ALL learn something! - Sun Feb 17 2008, 00:03
Another point, yes, the mineral rights we're discussing probably would pertain to the Barnett Shale play. The Pampa real estate agent is worng about shale not being able to produce without strip mining. It's being done as we speak all over Texas. There would be absolutely NO impact on the Buyer except possibly a little temporary noisy drilling a mile or so away from the address, not a major impediment in my opinion. - Sat Feb 16 2008, 20:20
I seemed to have stirred up some animosity from the realtor group! LOL. That certainly wasn't my intention. I'm sorry, but my experience with real estate agents AND attorneys is about the same ..... bad. I have sold three other houses without a realtor, and done well. My experience in buying two houses WITH a realtor made me question the whole group, but hopefully I just didn't choose well(?) And before you comment on that, yes, I'm aware the realtor represents the seller, but that wouldn't explain my experience. I'm sure there must be some compitent realtors out there, but haven't met one yet.
I did confirm that TREC has left all of us hanging out to dry where this matter is concerned. There should be a Yes/No place to check on the sales contract that would clarify this. Instead, TREC basically ignores the issue and provides no guidance whatsoever.
Another point, we have already leased the mineral rights to our little acre of ground. We could anticipate a return of around $6K per year for however long, too much to just unthinkingly give away.
Thanks to all of you for taking the time to reply, but I am not convinced that a realtor could or would provide service worth $10K on my house. Everyone SAYS there is no price fixing in realtor fees, but just try and find less than 6%! I paid to have my house listed on MLS, of course, because the realtors have about got that market sewn up, and I would even pay 3% if a realtor brought me a qualified buyer, but to sign an "exclusive" 6% with a realtor, not a chance. - Sat Feb 16 2008, 20:09