Should a Landman ever represent that the party they are representing 'does not' enter into agreements containing a particular change(s) or amendment(s) that you are asking for, such as wheelage, request they put their refusal and the reason for it in writing.

 

If they readily agree to do so, it is likely the change(s) or amendment(s) are not something they do. On the other hand, if they waffle, waver and give vague illogical reasons for not putting this in writing, they know that they do enter into agreements with the requested change(s) and are not negotiating with you in 'Good Faith'. If they then put in writing that they do not enter into contracts with the change(s) you are requesting and you sign the agreement and later discover the company had in fact had granted the requested & denied change(s) or amendment(s) you have written evidence of their misrepresentation(s) during negotiations and their failure to negotiate in Good Faith and you would then have grounds to request the contract be declared 'null & void'.

 

 

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