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
The USDA’s Farm Service Agency (FSA) has issued final Emergency Livestock Relief Program (ELRP) payments totaling more than $1.89 billion.
Specialty Crops Acreage Reporting Deadline for 2025 is March 13
Alliant Chairman of Agriculture and former U.S. Ag Secretary Mike Johanns explains the R&D Tax Credit, the recent Tax Court ruling, and ways livestock producers and agribusinesses can qualify.
AFBF Economist Samantha Ayoub discusses the latest data on Chapter 12 farm bankruptcy filings and what the troubling trend signals for the farm economy. At the same time, bigger loans and higher rates are squeezing working capital and increasing financial risk.
The USDA says the framework is about “ending abusive government overreach” and “protecting farmers, families, and private property.”
Farm numbers still favor small operations, but production, resilience, and risk management are increasingly concentrated among fewer, larger farms.

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:

AFBF Economist Danny Munch joined us to discuss snowpack levels in the Colorado River Basin, water supply concerns, and the potential impact on agricultural production.
Congressman Gary Palmer of Alabama joined us to discuss federal overreach, transparency efforts, and legislative solutions impacting agriculture on this week’s Champions of Rural America.
Donald Chase of Chase Farms joined us to discuss drought conditions, planting progress, input costs, and the outlook for Georgia agriculture.
Tasting events in Ghana highlight potential for new export markets
Paul Neiffer outlines the requirements and when the change takes effect
U.S. Rep. Greg Landsman and U.S. Senator Elissa Slotkin meet with Ohio farmers to discuss E15 expansion, rising input costs, trade concerns, and the need to move forward on a new farm bill.