Posted by NY 986 on October 31, 2010 at 17:41:36 from (69.171.163.124):
In Reply to: Grain contracts posted by Reid1650 on October 31, 2010 at 16:56:01:
I'm afraid you have a real problem on your hands. Nearly all brokers expect the contractee to fulfill their side of the agreement. Only once in a very great while do you hear of a broker having mercy on a client. I am trying to figure out how a big variation occurred between anticipated acres and actual acres. I always verified new acreage via FSA data and I guess this is a lesson for the future for you. I don't know enough about your relationship with your landlord to say if you have legal recourse against him. It just seems unlikely that he would pull the wool over your eyes for the big variation in acres and expect to get away with it. I guess I would get on the phone first to the contract broker and see if they would agree in allowing part of the contract to be fulfilled in the future (maybe with part of next year's crop). I don't expect them to budge on the agreement but you don't know until you try. Next you need to review any documentation of the dealings with the landlord and see if you misunderstood any part of the rental agreement. If there is no glaring issue in regards to your understanding of the rental arrangement then you need to talk to a lawyer about what recourse you have with the landlord. If the relationship with the landlord is worth maintaining then you need to try to have dialogue with him based on any legal advice you obtain to resolve your grain contract. If you cannot and the lawyer thinks you have a good case then you will have to have the lawyer go after him.
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