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
Congressman Mark Messmer discusses the Farm Bill, rural investment priorities, Prop 12, and support for farmers facing economic pressure.
Current estimates are already hovering around 80 weeks.
Chicago Fed lenders report producers are carrying more operating debt as repayment rates continue weakening across the Midwest.
Cattle markets continue supporting rural land values, but lenders say repayment rates and carryover debt are becoming a larger focus.
StoneX analyst Josh Linville says global supply risks and continued dependence on imported urea are keeping fertilizer markets on edge.
The lockout has not yet signaled a major disruption in the cattle market, but processing reliability remains important in a tight beef supply chain.

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:

It’s National FFA Week, and today we’re celebrating Alumni Day by highlighting some inspiring former FFA members making an impact in agriculture and beyond.
William Lee Golden joined us to talk about his farming roots, his storied career with the Oak Ridge Boys, and how his new book and music continue to reflect the values that have guided him throughout his life and career.
Glyphosate and phosphorus are deemed critical to U.S. national defense, ensuring farmers’ access while signaling a shift toward regenerative agriculture. RealAg Radio host Shaun Haney shares insight on the Trump Administration’s move and what it could mean for U.S. farmers moving forward.
Claire Woeppel, Central Region Vice President with the National FFA Organization, joined us to discuss Alumni Day, the lasting impact of FFA supporters, and why honoring that legacy matters during National FFA Week.
UNL Extension’s Troy Walz discusses the Nebraska Ranch Practicum, where sessions are held, how producers can get involved, and what ranchers can gain from participating in the program.
The Ranger Road Fire in the Oklahoma Panhandle is now 65% contained after burning nearly 300,000 acres over the past week. Kevin Charleston of Specialty Risk Insurance Agency discusses wildfire recovery, livestock insurance considerations, and the importance of preparedness for producers across the Southern Plains.