Contract discrepancy
So the landman rushed us and a two dozen more familes to sign a contract in late 2007 before we knew what we were sitting on. I dont have to like it but its a fact that we should have waited and asked more questions. Since the landman (whom I wont mention) only had the original contract at signing time, he said he'd mail us a copy, but we never received it. So off the the courthouse I go to get a 12 page copy of my contract that includes the signatures of 23 families, forming a tract of 54 acres. Now on this contract, there is a witness signature besides the landman and my wife and I. This is erroneous because there wasnt another witness during contract signing. This bogus witness signature is on all 23 contracts. Is this reasonable cause for a contract anullment? Oh, and yes, I am looking for a loophole. :)
Views: 173
Replies to This Discussion
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Permalink Reply by boo on -
Same thing happened to me, i never received the lease but when i looked at the courthouse it was what some people call a neighborhood lease.
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Permalink Reply by slowpoke on
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Advice I received from a lawyer was that the lease is pretty much solid unless there is a glaring discrepancy that may indicate intentional deceit (fraud). I'll bet the O&G lawyers are quite busy at the moment.
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I didnt know how LA law viewed the mineral lease contract. But it piqued my curiosity that the landman would either a) forge someones signature, or b) had someone not present during the contract proceedings sign on the witness line at some point after the contract was signed. If two signatures are required to be binding, he should have come back to us while he was still in town to redo the contract. This will become interesting. Im going to contact another lawyer tomorrow if possible.
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Permalink Reply by WJP on
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The landman can be the witness to the signing. The landman then signs an acknowledgment in front of a notary, saying that he/she witnessed the signing of the lease by the landowner. It can be done in front of a notary with two witnesses present, but it doesn't have to be.
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The landman did sign as a witness. There was also a signature of someone who wasnt present. Regardless of the importance of one versus two witness signatures in the presense of a notary, it seems to me that falsifying the witnessing takes on another dimension. I could be wrong though.
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Permalink Reply by Randy on -
If you can prove there was no witness there, the notary is not valid.
That means the leased filed at the courthouse is not valid. You may have to take them to court over it though. It will require a subpoena to the witnesses/notary.
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