Legal Question in Real Estate Law in California

Should I seek legal assistance before signing an Oil, Gas and Mineral Lease for property we owned in another state? The company is offering a big signing bonus.

Please help. We really do not have money to pay for an attorney.


Asked on 8/14/09, 4:50 pm

3 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

You should seek the advice of a lawyer. Whatever you pay now would be far, far less than what you might loose or pay later if you don't have an attorney look at the lease.

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Answered on 8/14/09, 5:00 pm

I cannot imagine you will get any answer other than a resounding YES from any person on this forum. You can be certain that the other side is well represented. You should be, too.

Just to give you one example, are you 100% certain that you are being asked to sign a lease? What if they are actually asking you to sell them your mineral rights outright? There is a huge difference.

Also, an attorney who regularly practices in this area can give you some idea as to whether or not the price is fair, and if it is a lease, whether the royalties to be paid to you in the future are fair.

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Answered on 8/14/09, 5:18 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I'd only add that your advice should come from an attorney who (1) practices in the state, and preferably, the region or county, where the property to be leased is situated; (2) who has some degree of specialization in oil and gas; and (3) has no conflict of interest through, for example, also being retained by the oil and gas outfit that wants the lease.

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Answered on 8/15/09, 12:09 am


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