Farm and ranch: purchase agreement

Realty Publications, Inc. (RPI) publishes a wide selection of purchase agreements which cater to different types of property sales and situations, such as one-to-four residential unitsshort sales and commercial property acquisitions. [See RPI Forms 150-159]

RPI’s Purchase Agreement — Farm and Ranch was developed to specifically meet the needs of detailed farm and ranch real estate sales transactions in California. [See RPI Form 158]

Such farm and ranch transactions include but are not limited to:

  • agricultural farms;
  • poultry and dairy farms;
  • livestock ranches; and
  • vineyards.

The form is designed with buyers, sellers, agricultural lenders, escrow officers and appraisers in mind. [See RPI Form 158]

The farm and ranch purchase agreement builds upon RPI’s series of specialized purchase agreements, incorporating an “improvements and accessories” section unique to farm and ranch transactions. [See RPI Form 158 §13]

The section permits the inclusion of separate items into the purchase price, including:

  • farm and ranch improvements, such as fences and barns;
  • farm and ranch accessories, including game feeders, irrigation equipment and portable buildings;
  • livestock;
  • crops; and
  • crop production records.

Related Video: The RPI Purchase Agreement Better Protection of Your Fee

Click here for more information on RPI‘s purchase agreements.

Farm and ranch: addenda

The Farm and Ranch series of forms contains four different addenda used for specific purposes which may be attached to the purchase agreement. [See RPI Form 158-1; See RPI Form 158-2; See RPI Form 158-3; See RPI Form 158-4]

When the agricultural property contains a habitable one-to-four residential dwelling to be included in the sale, a separate Farm and Ranch Purchase Agreement Addendum — One-to-Four Residential Dwelling addendum is attached. [See RPI Form 158-1]

Agricultural property is distinct from both residential and commercial property in its man-made hazards. An environmental conditions disclosure statement is incorporated into RPI’s agricultural library as a supplement to the farm and ranch purchase agreement. [See RPI Form 158-2]

The Farm and Ranch Purchase Agreement Addendum — Seller’s Environmental Conditions Statement allows the seller to describe all the known man-made conditions which exist on the property. This includes:

  • knowledge of use permits and government notices pertaining to the property;
  • existence and description of storage tanks on the property;
  • collection sites including pits and ponds on the property;
  • existence of drums and containers on the property and their contents; and
  • means of irrigation. [See RPI Form 158-2]

A seller carryback financing provision with UCC-1 coverage has also been incorporated as its own addendum, known as the Farm and Ranch Purchase Agreement Addendum — Seller Financing. [See RPI Form 158-3]

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Farm transactions are highly particular and distinct from one another. Thus, the use of the Farm and Ranch Purchase Agreement Addendum — General Use allows the form user to tailor-make the form series to conveniently fit the particular needs of their transaction. [See RPI Form 158-4]

The General Use addendum allows for additional explanations and descriptions to:

  • the property description;
  • farm and ranch improvements;
  • farm and ranch accessories;
  • livestock;
  • excluded crops; and
  • seller reservations. [See RPI Form 158-4]

Editor’s note — RPI’s series of Farm and Ranch forms were crafted in conjunction with the tireless assistance of agricultural real estate agent Joshua-Joaquin Mello.

Joaquin has submitted the following autobiography:

“It seems that as I look back on my life, I have come full circle with respect to farming. As a kid, I spent my weekends at my grandparent’s dairy ranch in Tulare, CA, which instilled a deep respect on the land and the people who spend their lives working it.

Employment started with restaurant work and went on to general construction, flipping fixers, logging and real estate. I have been licensed in real estate since 1996 and work out of Clovis, in the heart of the Central Valley. I now plan to run a 50,000 acre farm in Africa.

I felt that the publishing industry had not given due respect to the farmer and rancher. Previously, there was not a comprehensive set of forms that pertained specifically to their agricultural transactions.

I am extremely thankful to RPI to be what I believe is the first publisher in California to publish real estate transaction forms tailored not only to the lender, appraiser and escrow company, but clearly for the farmers and ranchers of California.”

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This article was originally published July 2013 and has been updated.