Legal Question in Real Estate Law in Pennsylvania
contract with realtor to sell property
I just completed a contact to seel my property 4 weeks and was jsut approached by an oil and Gas company to lease my mineral rights to drill for gas for a bonus and 5 year lease. Would my current realtor contract prevent me from doing this. Could i change the contract to say the mineral rights are leased
1 Answer from Attorneys
Re: contract with realtor to sell property
In Western PA, often the contracts to sell [not your listing agreement with the Realtor] exclude coal and subsurface rights.
You'll need to read your listing agreement carefully and if some such rights, are excluded from sale of the property, negotiate to also exclude the mineral, gas and oil rights.
The extent to which you can work something out with the Realtor depends on local custom in dealing with mineral, gas and oil rights.
You should also be sure that the information about the property distributed and/or advertised by the Realtor makes clear that you are not offering those rights as part of the sale of the property.
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