I signed a lease with chief end of may, I called to check the status of the bonus check yesterday and they said they decided not to accept it. I can't believe it's ok to keep someone tied up all of this time and then back out of a lease. Is this legal??
Any advice would be appreciated
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RRJ I am new here. But I am learning. See my thread A Model Lease. It sounds like you were badly deceived and taken advantage of. What this means to me is that leases need to have a clause saying that if Lessee backs out after signing or fails to pay the bonus by a specific date then of course the lease is null and void AND the party having signed the lease must pay a penalty of I don't know say $500/acre. But I am not an attorney and will be interested in other replies. I would like to see right here specific language from an attorney about handling this.
It sounds ass backwards to sign leases in this manner but it is done routinely. What I mean is that with any "normal" real estate deal the usual progression is that the buyer (leasee) presents the seller (lessor) with a signed agreement. If the seller signs the agreement then they have a bonafide binding deal (contract).
However, with these gas leases it seems that the lessor always hands over a signed "lease agreement" first. And without some kind of "time is of the essence" clause then the leasee can virtually sit on the lease forever and a day. And if the lessor doesn't inform the leasee in writing via registered mail that he is declaring the proposal null & void then the leasee could sign the lease at any time in the future without jeprody and have a binding contract. Then if the lessor signs with someone else before dclaring the first one null & void there could be legal trouble.
You should inform the leasee in writing that you are declaring that contract null & void.
It's an "unless" lease, which means it's void unless the company makes payment as delineated within the contract.
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