Farm and Agribusiness Purchase and Sale Transactions: Key Legal Issues for Buyers and Sellers
Identifying Threshold Considerations, Negotiating the Purchase and Sale Agreement, Conducting Due Diligence
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will discuss the critical legal issues in purchasing and selling a farm or other agribusiness. The program will focus on critical due diligence issues, threshold considerations for the parties, and essential terms and provisions in the purchase and sale agreement in any farming operation or agribusiness transaction.
- Identifying threshold considerations
- Negotiating and drafting the purchase and sale agreement
- Key due diligence issues
- Real property
- Personal property
- Production history
- Contracts, permits, licenses
- Regulatory compliance
- Case studies
The panel will review these and other key issues:
- What considerations arise when the seller intends to retain certain operations?
- What are best practices for conducting a physical inspection of the property?
- How does one resolve issues with deed restrictions, covenants, easements, and encroachments?
- What are the requirements for adequate environmental due diligence?
- How can buyers confirm the protection of their water and mineral rights?
- What are the critical land-use issues?
- What key factors impact the functionality and profitability of the agribusiness?
- Will the seller continue certain operations in a way that could compete with the buyer's business that the buyer may want to address by negotiating a noncompete agreement?
- What are the most common financial issues that can arise during the diligence phase?
- How will the parties exchange information during the negotiation and due diligence period?
Marisa N. Bocci
Ms. Bocci works on a range of transactional matters, including purchase and sale agreements, financing, and leasing.... | Read More
Ms. Bocci works on a range of transactional matters, including purchase and sale agreements, financing, and leasing. Her practice focuses on hotel and resort properties, commercial real estate assets, and agriculture/agribusiness matters. In the agriculture sector, Ms. Bocci has specific experience in matters relating to farmland real estate investments. She handles transactions across the country involving the purchase, sale, leasing and financing of farmland. Further, she is familiar with operational issues specific to the food packing and processing industry, including supply chain and labor arrangements. In addition, she also advises clients on agribusiness-related M&A transactions and regularly speaks and writes on agribusiness topics.Close
Tyler L. Buswell
Mr. Buswell is a member of the firm’s Real Estate section. His nationwide practice specializes in real estate... | Read More
Mr. Buswell is a member of the firm’s Real Estate section. His nationwide practice specializes in real estate transactions and land use planning, including all aspects of real estate acquisition, leasing and development. His typical clients include funds, institutional investors, developers, and corporations. Mr. Buswell has special expertise working in the self-storage, agricultural, healthcare, industrial, office, retail, condominium and hospitality sectors. He currently serves on the Board of Directors for the American Agricultural Law Association.Close
Mr. Criglow focuses his practice on real estate and business transactions and counseling in the industries of real... | Read More
Mr. Criglow focuses his practice on real estate and business transactions and counseling in the industries of real estate development and investment, agribusiness, and timberlands/forest products, including leasing, purchases, sales, financing and related general commercial contracts.Close