Legal Question in Real Estate Law in Texas
Mineral Rights Disclosure
The MLS listing showed ''Unknown'' for Minerals. When asked, the agent said that he and the seller did not know anything about minerals. Minerals were excluded from the sale based on this information. As it turns out, not only did the seller have mineral rights, but also knew about possible development of the minerals. Because of the failure to disclose the mineral rights, do I, as buyer, have a potential case to sue for the mineral rights?
1 Answer from Attorneys
Re: Mineral Rights Disclosure
First, the earnest money contract terms state what was being sold and what was being bought. Read it for information on mineral rights. If they were excluded in the earnest money contract that you signed, you did not agree to buy the minerals and the seller did not agree to sell the minerals. Second, look at the title commitment and the exclusions for whether the seller owned any of the mineral rights. Third, look at your deed for the exclusions and reservations. The question cannot be answered on the basis of the limited facts provided.
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