Negotiating Mineral Purchase offers

Hello all!

I have recently received a few offers for my mineral interests in 13-5N-13E . I’m interested in selling outright, but obviously don’t want to shortchange myself. I realize the range of cost per acre depends on quite a few factors. The latest offer was $1000 per acre. Is that a fair offer? I’ve seen mentions in the Pittsburgh Co. forum stating they were paid as much as $2500 per acre. Any insight into what action I can take to insure the best deal?

Wells: 35400001 Sandra 1-13 35400012 Selman 1-13 35400017 Juanita 1-13 35400031 Glennie 1-13 35400032 Hopkins 1-13

Thanks so much for any help you can provide!

The price offered is based on the % of mineral rights you own in the acreage. The bigger percentage the more valuable your asset. I would suggest you contact each Company that has shown an interest - and tell them you are taking bids. I had my attorney send out the letters. This shows intent and also gives you a track record. I am assuming you would be selling production and future production. Good luck - you will find that a wide range of prices will come back to you. If any new drilling is going on in your acreage, then that would make your minerals more attractive.

My suggestions only: If you are getting multiple offers to buy then the buyers know something that you do not know. They fully intend to make a profit off of buying your acreage. They know the perceived value of it but they will not be offering that amount. The offers that I have received have been generally close to the discounted value of the current well(s) production (They discount for the time value of money over the life of the production and apply a certain price deck to the assumption). Sometimes far less. (I have had the engineering done for my wells, so know what the predictions are.) The offers do not include the perceived value of any future drilling. Some buyers buy and hold for the future, some buyers flip, some really know what they are doing and some do not. If I were you, I would look up your area on the TX railroad commission website to see if there are permits nearby or wells that are currently drilling. Most of my offers have been right ahead of the bit and I have been very happy that I did not sell.

Our family holds onto their minerals (so far), but everyone needs to make their own decision based upon their needs. There are possible capital gains taxes associated with a sale and buyers usually do not mention that item. You are taxed if you have royalties which you probably do know about.

Here are some of the steps that I would take if I were to consider an offer and to see if the buyer is legitimate and well funded.

-I would look the buyers up on Bizapedia and see how long they have been in business. No problem in being a new company, but I am looking for the owners to see if they have experience and their BBB rating.

-I would look up the buyers on LinkedIn or other sites to see what their training and background is.

-I would look up their website. Are they willing to say who they are? Who is funding them? What do they do? etc. If they are not willing to reveal who they are and how they are funded, then I would not deal with them.

-I would ask if they are willing to put 10 percent of the purchase price in an escrow account as a good faith measure. What third party is holding that escrow for them? Attorney? Accountant? I would want a PSA (Purchase Sale Agreement) in writing and an agreement that the remainder of the payment will either be paid to the escrow account and my third party who is holding my deed will turn it over when the check clears or it will go to my direct direct deposit account before my third party will be handing over the lease or deed. NEVER hand over a signed deed without getting paid. If anyone wants that, walk away!

I would read the offer very carefully to see if they have added language about other acreage that we had not particularly talked about. I have seen some very bad language in some offers that is very disingenuous.

-I would try to get at least three offers that fit that criteria and then take the best. Or go through an auction site (there will be fees.)

-You can keep the minerals and get the revenue for the first few years. You can sell the minerals. You can sell part and keep part and split the risk. You can put the minerals in your will or give them to a charity, etc. You can enjoy the revenue during your life and then know that others will benefit in the long run.

-I would consult with my attorney and accountant before any sale to determine if there are consequences that I might not have thought of.

The reason that you are getting offers is that you have two more horizontal wells. You may not get offered value for those wells in your proposals. In my experience, most buyers do not pay for those upcoming wells. That is how they want to make their profit. Those wells have already been drilled and completed and came online in May 2022. Are you currently getting paid on them? The first check will include about six months of production. If you are getting paid on them, then make sure your offer reflects the value of the wells. If you are not, then you might want to consider hanging onto the acreage for a few years and getting a large chunk of royalties on the wells. Some buyers like to tie up purchases right before new wells make their first payments. The mineral owner may miss out on those royalties.

2 Likes

Thanks so much for replying so quickly! Apparently the news is out. I have been contacted by multiple landmen today. Offers have doubled since yesterday. There is an additional 12.75 acres that my deceased aunt had in her possession. She passed away without a will in November 2013. She had no children or heirs so I am her next of kin. I am also the last person alive in this family lineage. Each of these landmen have offered to get those rights transferred to me as part of the purchase agreements. Can I get that done by myself with an affidavit of heirship or should I allow them to do it?

1 Like

Personally, anything that involves legal issues, I get the help of an attorney to ensure that it is done correctly and they represent me as a client. A landman works for his/her company and has no loyalty to you. Many operators will accept an affidavit of heirship to lease, but not to give you royalties. Are you already getting paid on the first well? If not, contact the operator and find out what you need to do to get into pay status.

2 Likes

M_Barnes is pretty spot on. It sounds like you’ve got good acreage, and with the net mineral acreage position you stand to gain, it’s worth spending money on using an attorney. I’d be wary of any buyers contract that has price adjustments in it. I’ve read a few purchase sale agreements from buyers. All the language I’ve seen regarding adjusting the purchase price is far too BROAD for me ever to consider to agreeing to. It usually comes across like they can adjust for net mineral acreage being different, but they’ll be a sentence in there talking about “title defects” (or something similarly broad) allowing them to adjust the purchase price. In my opinion those 12.75 acres of your aunt that are yours through intestate succession needing legal work to transfer to you are a title defect (even with an affidavit of heirship). If you’re set on selling and hopefully reinvesting the money, make sure the purchase price is set, and can’t be adjusted.

Thanks for the insight!

The offers of these landmen have increased exponentially. The competitive offers have inflated to $80k for the total 25.5 NMA. They are willing to waive pricing adjustment provisions and say they can probate my aunts interests to me before closing. They also fund in house. Do these seem to be terms that would generally be agreeable?

Under no circumstance should you let anyone involved as a principal in a transaction be doing legal work on your behalf. This is a blatant conflict of interest. Moreover, you put yourself at risk of someone clouding the title of your asset.

2 Likes

With a $80,000 purchase price, you can most certainly justify the cost of having an attorney review the purchase sale agreement. I highly suggest you contact one.

2 Likes

Another matter. Not all offers are created equally. Some buyers want to buy it and then flip it. They will enter into a contract and if they can’t find a buyer, they will walk away and ghost you. Other buyers are very legitimate. An attorney who is familiar with the cast of characters can help steer you away from the flippers.

2 Likes

You should also search for unclaimed property in the name of your aunt or other family members. For Oklahoma you can search here: Oklahoma State Treasurer Randy McDaniel

An affidavit of heirship would probably not be satisfactory for a purchaser or royalty payor of your aunt’s interests. A probate can often be handled quickly in these types of situations.

This post is not legal, tax or investment advice. Reading or responding to this post does not create an attorney/client relationship.

I would listen to Tim here. Just FYI this area of Oklahoma is predominantly a dry gas play, and nat gas prices have cratered since you’ve been receiving a lot of these offers (not that it can’t go back up in coming months). May want to double check and see that these offers are still good.

Also, you may want to clarify with the buyers what the effective date will be. I’d imagine a lot of these offers are based on them receiving first production on these new wells. Typically the operator will pay the first 4-6 months out in a lump sum (first production). That’s not necessarily a red flag, just something to be aware of when comparing offers.

This topic was automatically closed after 90 days. New replies are no longer allowed.