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
Soft equipment sales signal cautious farm spending as producers prioritize cash flow over expansion.
Wind repowering offers a rare opportunity to renegotiate outdated leases and improve long-term land income for landowners who act early.
Rep. Erin Houchin of Indiana discusses how the Affordable Homes Act will benefit rural communities, and her broader efforts to improve access to affordable housing.
House Agriculture Committee Democrats are calling for action on the Farm and Family Relief Act, warning that proposed SNAP cost shifts to states could reduce food assistance for low-income families amid ongoing tariffs and trade disruptions that continue to strain U.S. farmers.
A disciplined, breakeven-based marketing plan helps protect margins and reduce risk, even when markets remain unpredictable.
China’s beef policy risk stems from domestic volatility, making export demand inherently unstable. Jake Charleston with Specialty Risk Insurance offers his perspective on cattle markets, risk management, and producer sentiment.

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:

Roger McEowen breaks down the EPA’s updated dicamba regulations and shares what farmers need to do to remain compliant under the new rules this growing season.
The fourth-generation owner of Georgia’s Arena Acres cultivated a love for floral arts in FFA on a family farm passed down through generations.
Jarrod Hardke with the University of Arkansas break down extreme drought conditions, shifting planting decisions, and the impact of rising input costs on Arkansas agriculture this season.
SAE programs help FFA students build skills beyond the classroom.
Louisiana farmers say high water levels routinely threaten crops, highlighting the need for critical infrastructure and sustainability efforts in the Bayou.
Dixondale Farms produces around 900 million onion transplants each year, shipping them directly to customers and distributors across the country.