The Uniform Commercial Code (UCC) has been adopted in whole or in part by the legislatures of all 50 states.
Section 2-107 classifies items to be severed from realty and growing crops, or timber to be cut, in terms of whether the items constitute goods that may be made the subject of a sale and whether a transaction concerning them is a sale before severance. The section provides that certain attached and embedded things are "goods" when they are to be severed by the seller. This category consists of minerals in the ground, including oil and gas, and structures on land. Also treated as goods are: (1) standing timber; (2) growing crops; and (3) any other thing attached to land, provided it can be removed without causing material harm to the land.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: Understanding the Maryland Agreement for Sale of Growing Crops After Severed from Realty Introduction: Maryland agreements for the sale of growing crops after severed from realty provide a legal framework for the transfer of ownership rights and obligations regarding agricultural crops that have been severed from the land they were grown on. These agreements ensure a smooth transition of ownership and protect the interests of both buyers and sellers. In Maryland, there are primarily two types of agreements for the sale of growing crops after severance from realty: agreements for single-crop purchases and agreements for multiple-crop purchases. 1. Single-Crop Maryland Agreement for Sale of Growing Crops After Severed from Realty: The single-crop agreement is applicable when only one type of crop is being sold. It outlines the specific details of the crop, including its type, quantity, quality, and location. Additionally, the agreement should cover important aspects such as payment terms, delivery obligations, and any potential warranties or guarantees provided by the seller. This type of agreement is commonly used for large-scale crops, such as corn, soybeans, or wheat. 2. Multiple-Crop Maryland Agreement for Sale of Growing Crops After Severed from Realty: The multiple-crop agreement covers the sale of various crops grown on the same property. This type of agreement provides greater flexibility and convenience for both buyers and sellers. It typically establishes a framework for each crop's sale, including individual pricing, delivery schedules, quality requirements, and payment terms. Multiple-crop agreements are commonly utilized by farmers who cultivate diverse crops like fruits, vegetables, grains, or herbs. Key Components of a Maryland Agreement for Sale of Growing Crops: — Identification of the parties involved: Legal names and addresses of both the buyer (purchaser) and the seller. — Detailed description of the crops: Accurate identification and specifications for the crops being sold, including their types, quantities, variety (if applicable), condition, and estimated value. — Purchase price and payment terms: Clearly state the agreed-upon purchase price, payment method, timing, and any applicable interest rates or penalties for late payments. — Delivery and acceptance: Specify the delivery obligations, responsibility for transportation costs, and acceptable delivery locations. Additionally, outline the procedures for acceptance, inspection, and rejection of the crops upon delivery. — Risk of loss and damages: Describe the allocation of risks related to damage, theft, or destruction of crops during transit or storage, including insurance coverage responsibility. — Warranties and representations: If any warranties or guarantees are provided by the seller regarding the quality, yield, or condition of the crops, they should be clearly articulated in the agreement. — Remedies and dispute resolution: Outline the remedies available to both parties in the event of breaches or disputes, including arbitration or mediation clauses, as per Maryland laws. — Governing law: Specify that the agreement shall be governed and interpreted under Maryland's state laws. Conclusion: In Maryland, a well-drafted agreement for the sale of growing crops after severed from realty is crucial for establishing clear rights, responsibilities, and expectations between buyers and sellers. By considering the specific type of crops involved and incorporating essential contractual elements, such agreements safeguard the interests of both parties and facilitate the smooth transfer of ownership.
