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
Farm CPA Paul Neiffer joined us on Thursday’s Market Day Report to discuss the implications for farmers.
RFD-TV tax expert Roger McEowen discusses the renewed tax provision and how cattle producers can take advantage of it to recover investments in heifer retention and herd expansion more quickly.
With core input inflation still hovering high, growers and retailers should plan pricing and promotions with tighter margins in mind — target early sales, leverage bundle deals, and secure logistics ahead of peak Halloween demand.
Margin Protection and the new MCO add county-level margin tools — with earlier price discovery, input cost triggers, and high subsidy rates — to complement on-farm risk plans for 2026.
For aging operators and their rural neighbors, staying socially engaged is a practical strategy to preserve decision-making capacity and farm vitality.
Farm CPA Paul Neiffer discusses the status of USDA disaster aid, including delays to Stage 2 of the SDRP program, and what farmers should watch for as lawmakers negotiate an end to the government shutdown.

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:

Farm Bureau groups in Arkansas and Mississippi are working together to provide training and resources to rural communities.
This third-generation seafood family transitioned from shrimping and now produces millions of oysters each season along Texas’ Gulf Coast.
Georgia Ag Commissioner Tyler Harper explains the growing threat of invasive hornets in his state and what Southeastern growers should watch for this spring.
Shaun Haney with Real Ag Radio joined us to break down the USMCA review and what Canadian producers and exporters should be watching in the months ahead.
USDA Undersecretary Dr. Mindy Brashears provides more insight on the updated “Product of USA” label campaign and the USDA’s goals for both consumers and producers.
Farm CPA Paul Neiffer joined us to break down the application process for Stages 1 and 2 of the USDA’s Supplemental Disaster Relief Program, and what farmers can expect as the deadline approaches.