Who Does Your Oil & Gas Lease Consultant Work For?
- October 6, 2011 | By Alan D. Wenger | Oil & Gas | Contact the Author
The whole field in Ohio appears to lack much of any regulation. There is no requirement of experience, training, licensure, disclosure or ethical standards. These consultants apparently do not have to be licensed Realtors or attorneys.
I am not referring here to non-profit-type landowner associations and neighbor groups. Rather, this concerns proprietors offering their services presumably for something other than the goodness of their hearts.
Some suggestions
1. Keep value in mind. You probably will get what you pay for. Experience, training, licensure, and reputation are very important. This is possibly one of the most important financial issues you will face in your lifetime. You should get advice and representation from the most qualified, not the cheapest.
2. Nothing is free. If a consultant is charging you a small fee or even no fee, then who is paying their fees? Bluntly, is your consultant getting paid by the drilling company or its brokers? Are your best interests likely to be served by a negotiator who has made a deal with the other side for payment of his fees? Isn't such a consultant or negotiator really working for the other side and not you?
3. Ask questions. Before engaging any consultant or advisor on oil and gas leases, ask lots of questions. Get references and follow them up. Obtain a detailed description and listing of a consultant's prior experience and training, along with copies of sample leases negotiated by the consultant.
4. Be slow to sign. Never sign anything, including any engagement letter or group-joining letter that binds you to agree to sign a lease without you having full opportunity to have the lease reviewed by your independent legal counsel, and you having an opportunity to easily walk away if you want to.
5. Insist on full disclosure. Demand a detailed accounting ahead of time of any relationship, including any payment arrangements between the consultant and anyone other than you. If the consultant's fees are being paid by someone else, clarify whether that fee payment is taxable income to you. Ask to see in advance any deal between the consultant and others for compensation or other entanglements. You deserve to have your consultant owe allegiance only to you.
For what could be the most important financial transaction of your life, some due diligence is well worth the trouble.
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Alan D. Wenger is an attorney in Youngstown, Ohio. His practice areas include oil and gas law, public utilities law, labor and employment law, land use law, environmental law, construction law and school law.