PB1607 Landowner's Guide to Timber Sale Contracts
A written timber sale agreement or contract is generally the preferable and safest method of selling timber. A written contract is a legally binding document that protects both the buyer and the seller (the landowner) from misunderstandings that may develop in the absence of such an agreement. A contract will verify the seller’s ownership of the timber to be sold and the absence of liens or other liabilities. There is little legal recourse with verbal agreements. By negotiating a contract, both parties are likely to work out difficulties before they occur and be more pleased with the transaction.
No two timber sale contracts are alike. The amount of definition and elaboration depends on the needs of both the buyer and the seller. The agreement does not have to be of great detail or length, but should express the expectations, wishes and responsibilities of each party. Many timber buyers have their preferred form and this contract is usually written to protect the buyer. It mayor may not protect the seller. Consequently, buyers and sellers should negotiate specific contract terms.
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