My advice to the homeowner associations is to pay their legal representative a flat fee. Each homeowner pays the same regardless of acreage because the contracts are written the same except for plugging in the acreage and bonus figures.

For example, if 320 acres of a section is negotiated at $20,000 per acre, and the percentage is 4%, that comes up to a $256,000 paycheck! Come on now...over a quarter million dollars!

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I find 4% fairly reasonable. I recently listed a piece of real estate with a realtor at $925,000. If and when He sells, he is going to get 6%. That is pretty much standard in that industry. His commission wlll be $55,000.00.

$256,000 isn't chicken feed but in your example of 4%, that $256,000 is going to be paid on a sale of$6,400,000.00. I'm not advocating paying 4% if you're comfortable with who you are dealing with. I just don't think 4% is excessive.--- doughboy
I agree doughboy 4% is a very small price to pay.I do not know why some people would think it is.
The difference is you don't need to have someone look for a buyer for you...there are several companies bidding against one another to get this rich piece of pie.

Oh, by the way doughboy, you can get a better deal on the commission on your property also. Some realtors will charge 6% up to a certain point, say, $500,000 then give a better rate on the remaining $425,000. I may have just saved you several thousand dollars! Any realtors reading this?
Okay, say those 320 acres are made up of 1/4 acre lots, that's 1,280 lot/homeowner. If they pay a flat $50 fee, the rep gets paid a flat $64,000. Or, a flat $100 fee gets the rep $128,000. He calculates how many hours of work should go into this. At the end of that clock, the rep tells the clients that's the best offer they're going to get. Not to mention, this fee will probably have to be paid out of pocket immediately on signing.

Now, using the percentage method (but only for % of bonus), I think the rep will be more inclined keep negotiating, urging the signing bonus upward, thus increasing what he/she gets paid. The clients get better service, and the money won't come out of pocket immediately.

Also, that the rep is probably working for multiple clients. One client is paying a flat fee, the other a percentage of the bonus. Which client will the rep be motivated to work the hardest for?

Surely even in your job you expect to be well compensated for working hard, and will work even harder if you're well compensated.
Keep in mind that a group of many owners will be part of the deal and $50 to $100 each is nothing. The best representative is one that comes from the group...and most groups have attorneys, oil people, and really good negotiators in house. Just my humble opinion.
Keep in mind that money might be up front right now from the work that you sweated over doing last week. You don't sweat putting in hours to earn the % of royalty.
Also, it's a matter of personal choice. Do you choose to drive a Hummer and put more gas into it than say a Toyota? Do you choose to have a large family and pay for more groceries. Personally, I don't want to be told there's a flat fee to put gas in my tank no matter how much I need or what kind of car I drive. I don't want to go to Wally world and be told they're now charging a flat fee of $100 per buggy when I get $50 worth of groceries.

Think it through, make a choice, be happy with it, and accept that others may choose a different way because it's better for their situation.

Best of luck!
I agree with you. If that person also has acreage in that section, and the more he negociates for, the more he will get himself. There is a lot of work involved, but if I was relying on all of my neighbor's participating (since you do have to have a lot of combined acreage), I would not expect a percentage of the leases, as some will not have enough acreage as the other, or are elderly and on a fixed income. It would be difficult for them to come up with a percentage of their offer, as they probably aren't going to get any monies for awhile. Just wanted to inject my thoughts on this. I am in the elderly, fixed income group, but would be willing to pay $50.00 fee for some one to handle my negociations for me. There is also attorney fees to be considered. We do not have an attorney in our area that I know of to take care of our leases.

GOOD LUCK TO EVERYONE!
Thanks, you just made me think of something. I was assuming the percentage of the bonus would be paid once the deal was done & the bonus paid. I realized I didn't know if that percentage is paid before work begins or after the money is paid.

Will have to check with lifesaver. Will get back to you.
Not sure of the Hummer or Wal-Mart analogy, but each person should do whatever he/she feels is right.
4% is a LOT to pay for someone who last month was selling baseball equipment, waiting tables or is a real estate agent. Unless you've worked as an oil and gas attorney or in-house landman you wouldn't have a clue. There are painfully small numbers of each in Louisiana that are available.
You have to do the math and decide what's best for you. If my neighborhood gets$15K per acre, my little townhome is probably hardly .10 acres. I'm thinking I'd get $1,500, and 4% of that is $60. The guy around the corner from me may have .20 acres. I'm thinking he would get $3,000 and 4% of that is $120. Is it fair that he paid the same for services as me, and ended up with more money?
Also, don't you pay property taxes based on the assessed value of your land & improvements, which is determined by how big the lot is and the square footage of the home? I wouldn't want to pay a flat tax the same as the guy with the big lot & home down the street.
And actually, in a real estate transaction I would have both kinds of representation, and agent that is paid a commission and the lawyer at closing who charges fees. I'm still in the work world and I can't wear all the hats I need to to get my personal business done. Better to hire someone.
Keep thinking, you may convince me yet!
I would be willing to pay a % on the amounts above what the O & G are paying out

if the going rate is $10,000
and a middleman can get me $20,000

I would be willing to pay % of the extra $10,000
I wouldnt pay on the whole $20,000

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