Mineral rights
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I have a contract to purchase a property, and the closing is in a few days. The seller decided today that he wants to keep his mineral rights, and he altered the contract and attached an amendment toward that end. I haven't agreed to this nor have I signed anything. I still want the property, but the seller is refusing to complete the sale unless I pay him for the mineral rights. What can I do?
Answer: If the contract was fully executed—signed and dated by both parties—there's no other way to assert your rights under the contract except to sue. By the terms of the contract, the seller agreed to convey his mineral rights. Now he is trying to renege. However, if you're still negotiating parts of the contract and it lacks signatures or initials, you have no justifiable basis for suing.
For the seller to keep his mineral rights, he must include the Texas Real Estate Commission's Addendum for Reservation of Oil, Gas, And Other Minerals. Without this addendum, the seller conveys to the buyer all mineral rights.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
