I noticed that the Texas REALTORS® has a new form about mineral clauses in contracts. Who should sign this form, and should it be attached as an addendum to the contract?

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  • I noticed that the Texas REALTORS® has a new form about mineral clauses in contracts. Who should sign this form, and should it be attached as an addendum to the contract?

The Texas REALTORS® does have a new form about mineral clauses, Information about Mineral Clauses in Contract Forms (TAR 2509). This form is designed to provide general information about minerals and mineral clauses. It can be given to a buyer or a seller to explain what mineral clauses are and why REALTORS® are not permitted to draft and add such clauses to contracts. This form can be signed by whoever receives it in order to acknowledge receipt of the form. Since the form is informational in nature, it is not intended to be an agreement between a buyer and a seller and should not be attached to or made a part of any contract. If the parties wish to have mineral clauses made part of their contract, an oil and gas attorney should be retained to draft and include the appropriate clauses for the contract.

Source: TAR

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