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North Carolina Agreement for Sale of Growing Crops After Severed from Realty

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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 North Carolina Agreement for Sale of Growing Crops After Severed from Realty Introduction: In North Carolina, the Agreement for Sale of Growing Crops After Severed from Realty is a legal contract that governs the sale and transfer of ownership rights to crops, such as fruits, vegetables, or grains, which have been severed from the land. This agreement holds great significance for both buyers and sellers involved in the agricultural industry or for those who invest in crop production. Let's delve into the details of this agreement, its purpose, and potential variations. Key Features: 1. Ownership Transfer: The primary purpose of the North Carolina Agreement for Sale of Growing Crops After Severed from Realty is to facilitate the transfer of ownership of crops from the seller to the buyer once they are severed from the land. The agreement clearly lays out the terms and conditions for this transfer, including the type and quantity of crops, specific pricing, and date of delivery. 2. Parties Involved: The agreement typically involves two parties: the seller, who owns or operates the land, and the buyer, who purchases the crops. Both parties must be identified with accurate contact information to ensure clarity and legal enforceability. 3. Crop Clauses: The agreement should include specific details about the crops being sold, including the crop type, variety, quality standards, and any certifications required. This ensures that both parties are on the same page regarding the crops involved. 4. Pricing and Payment Terms: The agreement should outline the total price and any additional costs associated with the sale of crops. The pricing structure could include fixed prices, variable prices based on market conditions, or a combination of both. Payment terms, including due dates and methods of payment, need to be clearly defined to avoid any disputes. 5. Delivery and Inspection: The agreement should address the logistics of crop delivery, including the location and timing. It is crucial to include provisions for crop inspections, allowing the buyer to examine the quality of the crops before finalizing the transaction. Types of North Carolina Agreements for Sale of Growing Crops After Severed from Realty: 1. Single Sale Agreement: This standard agreement involves a one-time transfer of ownership of a specific crop batch. It is commonly used for smaller-scale transactions or when the seller wishes to sell crops from a single harvest. 2. Long-term Sale Agreement: This type of agreement is suitable when the buyer and seller engage in ongoing business relationships. It allows for the sale of crops severed from the realty on a regular basis, such as monthly or quarterly, over an extended period. This type of agreement provides stability and convenience for both parties involved. 3. Multi-party Agreement: In some cases, the agreement may involve multiple parties, such as brokers, agents, or intermediaries. This type of agreement clearly identifies the roles and responsibilities of each party, ensuring a transparent and efficient transaction process. Conclusion: The North Carolina Agreement for Sale of Growing Crops After Severed from Realty serves as a crucial tool for establishing a legally binding contract between crop sellers and buyers. It protects the interests of both parties and helps facilitate smooth transfers of ownership rights. By understanding its key features and potential variations, individuals and businesses can engage in the buying and selling of crops with confidence, fostering a thriving agricultural industry in North Carolina.

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FAQ

UCC § 2105 defines goods as follows: (1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action.

So what is a sale of good? According to Section 2-105 UCC, goods include all things that are movable at the time of the contract for sale other than money in which the price is to be paid along with unborn young of animals and growing crop and other identified things attached to realty.

"Contract for sale" includes both a present sale of goods and a contract to sell goods at a future time. A "sale" consists in the passing of title from the seller to the buyer for a price (Section 2-401). A "present sale" means a sale which is accomplished by the making of the contract.

UCC Exclusions to the Sale of Goods The UCC only includes the sales from merchants with specialized knowledge. Any sales between two private parties would not be included in the UCC requirements.

UCC § 2105 defines goods as follows: (1) "Goods" means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Article 8) and things in action.

The New Oxford American Dictionary defines goods as 'merchandise or possessions. ' This court determines that water fits within this definition. Therefore, the subject of the contract is goods, and UCC Article 2 governs the transaction. (D) This court determines that water is not 'goods' under the UCC.

Notably, although courts have concluded that natural gas is clearly a good under the UCC, provision of natural gas is identified as a service under § 366 of the Bankruptcy Code, illustrating a possible separation between A§A§ 366 and 503(b)(9).

Article 2 of the UCC governs the sale of goods, which is defined by §2-105 and includes things that are moveable, but not money or securities. It does not include land or houses. Contracts between merchants are also governed by article 2 of the UCC.

In the absence of an express or fixed time established by the parties to an agreement or contract (especially one that falls under the purview of the UNIFORM COMMERCIAL CODE UCC), any time which is not manifestly unreasonable under the circumstances.

Goods, therefore, are tangible personal property which are 'movable' at the time of identification to the contract for sale. Note that when money is used as a payment mechanism, it is excluded from the definition of goods. If however, money is being sold as a commodity, it will come within the definition of goods.

More info

The major transportation functions of the North Carolina Department ofNo Right of Waypersonnel may engage in the sale of real estate as a. Lina real estate broker license. In North Carolina, a real es- tate licensee may only engage in brokerage as an ?agent? for a party to a transaction.... industrial growing crops and things attached to or forming part of the land, which are agreed to be severed before sale or under the contract of sale, ... By limiting the plaintiff's security interest only to those crops grown on landAfter amending the original loan and security agreement, the creditor ... Beazer Homes said its standard sales contract in the Dallas-Fortto a report last year by the North Carolina Department of Justice. (2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but ... By RE Lee · Cited by 18 ? An estate by the entirety is a form of co-ownership of real prop- erty held by a husband and wife with the right of survivorship. It cannot be severed or ... § 22-1), contracts conveying an interest in land, including deeds of trust, sales and leases for more than three years (N.C.G.S. §. 22-2), commercial loan ... (f) ?Dwelling?: Seller shall complete construction of a single family dwelling and related improvements to be constructed on the. Real Estate in accordance with ... Reminder to FSA Direct and Guaranteed Borrowers with Real Estateshare in the crop, without a valid CCC-941 on file in the county.

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North Carolina Agreement for Sale of Growing Crops After Severed from Realty