Coronavirus and Contracts: What Did We Agree To?

I. Introduction All across the country, agricultural producers, processors, food manufacturers, retail stores, landlords, tenants, lenders, borrowers, and others are pulling out their written contracts and examining the terms.  What, if any, terms address how operations may change or must continue in this current global pandemic?  What should you be thinking about if a buyer… Read more »

Should your ranch be incorporated or not?

AGRICULTURAL LAW CORNER One of the questions that comes across my desk from time to time from farm and ranch clients is whether the farm and ranch operation needs to be placed in a formal legal entity, such as a corporation, limited liability company, or limited partnership. Because of the unique nature of farm and… Read more »

Lien Protections for Ag Chemical and Seed Providers

An unfortunate consequence of a lagging agricultural economy is that many agricultural seed and chemical providers are left with outstanding customer accounts. One of the questions that comes across my desk from these suppliers is “What can I do to protect my interests (and get paid)?” Texas Agriculture Code Chapter 128 provides a unique lien… Read more »

In Brief: Real Estate Broker

ISSUE Can a real estate broker receive a commission for property sold when the real estate commission agreement does not adequately describe the land being sold? READ THIS!! CASE Burton Creek Development, Ltd.  v. Cottrell, Seventh District Court of Appeals (Amarillo), decided December 14, 2016. FACTS Burton Creek (hereafter “landowner”) owned four tracts of land.… Read more »

In Brief: Irrevocable Trust

IRREVOCABLE TRUST/SPOUSAL SUPPORT OBLIGATION Do statutes of limitation for filing claims against an Estate for unpaid spousal support prevent a creditor (ex-wife) of the decedent from bringing a lawsuit against the  trustee of an irrevocable trust  on grounds of fraudulent conveyance and tortious interference with a contract? CASE Montgomery v. Montgomery, individually and as trustee… Read more »