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
Higher energy activity likely keeps fuel and fertilizer costs elevated.
SBA Administrator Kelly Loeffler breaks down the Grocery Guarantee Program, its goals for expanding farmer access to capital, and its potential impact on food production and prices.
Strong Easter demand supports protein and crop markets.
The five-day auction drew up to 6,000 people and saw steady prices throughout the event
Corn Refiners Association VP Kristy Goodfellow offered insight into the Feeding the Economy Report’s key findings, showing the breadth of agriculture’s economic impact and the challenges ahead.
AFBF Economist Danny Munch breaks down a new Farm Bureau analysis showing that producers now earn less than 6 cents of every food dollar, as farm input costs continue to squeeze margins.

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:

Seasonal pricing strength is lining up with crop stress, giving wheat producers another weather-driven marketing window. Shaun Haney joins us to discuss concerns from ag bankers on farm profitability.
Dr. Ernie Goss joined us to break down the latest Rural Main Street Index, discuss pressures on farm finances and equipment sales, and share expectations for the ag economy ahead.
One student is working to help farmers protect livestock and property.
Young anglers learn skills on the water while building a deeper connection to the outdoors.
Just like cows, kids experience ups and downs—from small frustrations to unexpected moments—but there is still good in every day.
Dr. Jeffrey Gold joins us on Rural Health Matters to discuss rural mental health awareness, the importance of reducing stigma in agriculture, and resources available to farmers, ranchers, and rural families seeking support.