March 30, 2009
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 a question to ask George & Chuck or fax it to 713-978-6684. 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.
