Farm Contracts Explained: Why Timing Can Make or Break the Deal

RFD News Farm Legal Expert Roger McEowen shares the major role of timing clauses in farmland sales, leases, and succession planning.

farming business contracts legal_stock photo_adobe stock.png

TOPEKA, Kan. (RFD News) — Timing is a major factor throughout agriculture, where planting windows, markets, and seasonal pressures can all affect business decisions.

That is one reason legal agreements tied to agriculture often include the phrase “time is of the essence,” a clause designed to emphasize the importance of meeting contractual deadlines.

RFD News farm legal expert Roger McEowen with the Washburn School of Law joined us on Wednesday’s Market Day Report to discuss how the clause applies across the agriculture industry.

“Without a ‘time is of the essence’ clause, a lot of courts may permit reasonable delays or substantial compliance if the delay doesn’t materially prejudice the other party.”

He says adding the clause can significantly change how courts view contractual deadlines.

“If you add that clause, that’s going to substantially change the contract dramatically, and so when you’ve got that language in there, what that means is that deadlines now become material and they’re material in terms of they’re an obligation under the contract. Failure to perform on time may constitute a breach of the contract, a material breach.”

In his conversation with RFD News, McEowen explained how timing issues can affect land sale transactions and farm lease agreements, especially in an industry heavily tied to seasonal cycles. He also discussed crop inputs, grain marketing contracts, and the role that timing clauses can play in farm succession planning.

READ MORE: When “Time Is of the Essence” Really Matters in Agricultural Transactions

Related Stories
Laura Priest with the Center for Rural Affairs joins us to discuss solar development trends and opportunities for agriculture and renewable energy production to coexist.
Producers using farm entities should review ownership, labor contributions, and FSA paperwork before September 15.
United Soybean Board Director and Missouri farmer Kyle Durham joins us to discuss farmer sentiment, alternative revenue programs, conservation incentives, domestic demand trends, and conditions on his farm this spring.
Research shows a small number of companies account for much of the nation’s ammonia production capacity.
Farmers should watch for settlement notices and gather dealer repair invoices, proof of payment, and equipment identification records.
Kevin Charleston with Specialty Risk Insurance joins us to discuss evolving insurance needs in the dairy sector and strategies to support dairy producers during National Dairy Month.

Knoxville native Neal Burnette-Irwin is a graduate from MTSU where he majored in Journalism and Entertainment Studies. He works as a digital content producer with RFD News and is represented by multiple talent agencies in Nashville and Chicago.


LATEST STORIES BY THIS AUTHOR:

Farmers will need to closely monitor forecasts if the regulatory changes are implemented, as temperature cutoffs will replace fixed spray dates.
Under this agreement, SCDA will administer a program covering infrastructure and timber losses, as well as future economic and market losses.
With China’s pullback, U.S. sorghum producers must broaden their export markets. Building connections now could help stabilize prices and demand for the upcoming larger crop.
Sergio Bortolozzo, President of the Brazilian Rural Society, discusses the importance of global collaboration and innovation in empowering women in the agricultural sector.
Malone, Senior Director of Trade Execution at Bunge, emphasized the importance of spaces where women can engage in meaningful conversations about global trade, supply chains, and leadership opportunities.