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3 avoidable mistakes many mineral rights owners make when selling

On Behalf of | Mar 19, 2024 | Gas And Mineral Law

Holding title to mineral rights in Texas is a significant asset. Selling rights can be a complex process that requires careful consideration. Prospective buyers may approach you in various ways including mail solicitations, phone calls and through intermediary brokers. They may present offers that seem reasonable, but there’s always the need for due diligence before selling.

In order to maximize profits from the sale of your mineral rights, it is important to understand common mistakes that could lead to significant financial losses or missed opportunities. The following are three avoidable mistakes mineral rights owners often make when selling.

Not understanding contract terms

Mineral rights contracts can get complicated, with legal jargon and nuanced clauses that may not be immediately clear to someone without legal expertise. One common mistake is not thoroughly understanding all the terms outlined in the contract before agreeing to a sale. This can lead to unintended consequences such as relinquishing rights to future royalties, granting excessive access to the mineral estate or unknowingly accepting unfavorable terms regarding price adjustments or payment schedules.

Not getting competing offers

When mineral rights owners rush to close a deal without seeking competing offers, they risk leaving money on the table. One way to avoid this mistake is by working with a reputable intermediary, such as the United States Mineral Exchange. By listing your mineral rights on platforms like this, you can attract multiple buyers and create a competitive bidding environment. This not only helps ensure that you receive the best possible price for your mineral rights but also allows you to compare offers and negotiate more favorable terms.

Incomplete documentation

Another common mistake is failing to gather and provide complete documentation related to the mineral rights being sold. Prospective buyers will typically request various documents such as deeds, title opinions, lease agreements and production reports to assess the value and potential of the mineral estate. Providing incomplete or inaccurate documentation can delay the sale process and erode the buyer’s confidence, leading them to either withdraw their offer or renegotiate terms less favorable to the seller.

If you are considering selling your mineral rights, it might be time to get in touch with an experienced gas and mineral legal team to better understand your rights and options under the law.