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 input costs and tighter cash flow are keeping pressure on farm income, credit needs, and capital spending.
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.

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:

Economists are also closely watching how policy decisions in Washington could influence markets moving forward. Analysts say deferred futures for corn, soybeans, and wheat suggest markets are operating near break-even levels, not at prices that would encourage expanded production.
House Agriculture Committee Chairman “GT” Thompson is pushing a “Farm Bill 2.0.”
University of Nebraska President Dr. Jeffrey Gold joined us with important insights on drug safety and rural health during the winter months.
Quinn Rutt of Upstream Ranch previews the Nebraska cattle operation’s 49th Annual Production Sale where buyers can expect standout sire groups and a blend of long-standing ranch practices with modern genetic selection.
Jim Matheson, CEO of the National Rural Electric Cooperative Association, provides new updates on winter storm impacts and the outlook for rural power reliability.
Jessi Grote from the AgriSafe Network provides winter safety guidance for rural communities still recovering from the recent winter storm.