Now that both the Farm and Ranch sales contract and the One to Four Family Residential Contract (Resale) sales contract require the TREC Addendum for Reservation of Oil, Gas and Other Minerals if a seller wants to reserve a mineral interest, can I use the One to Four Family Residential Contract (Resale) form for the sale of a 15-acre tract that has a home on it and is located just outside of town?

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  • Now that both the Farm and Ranch sales contract and the One to Four Family Residential Contract (Resale) sales contract require the TREC Addendum for Reservation of Oil, Gas and Other Minerals if a seller wants to reserve a mineral interest, can I use the One to Four Family Residential Contract (Resale) form for the sale of a 15-acre tract that has a home on it and is located just outside of town?

The Farm and Ranch sales contract is still the most appropriate in this instance. Though both the Farm and Ranch sales contract and the One to Four Family Residential Contract (Resale) sales contract require the TREC Addendum for Reservation of Oil, Gas and Other Minerals if a seller wants to reserve a mineral interest, a number of other differences remain between the two contracts. Examples of some items addressed on the Farm and Ranch form but not on the One to Four Family Residential Contract (Resale) form include:• Farm and Ranch improvements and accessories • Crops • Reservations of water and timber • Option to have the sales price adjusted based on acreage revealed in the survey • Surface leases • Agricultural development districts The applicability of the above items should be considered when determining which sales contract to use. Additionally, acreage over one acre will weigh in favor of using the Farm and Ranch sales contract.

Source: TAR

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