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Hand Shake Agreements??
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I have read it several times on the THF I believe, that hand shake lease agreements are somehow binding in Texas. For some reason it seems maybe Randall, you might have some info. on this. Was just curious to know what the law is in this respect.
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7mag
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(THF Trophy Hunter)
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07/02/08 03:06 PM
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Re: Hand Shake Agreements??
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yeah right  
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Re: Hand Shake Agreements??
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You had better get it in writing. Used to be that you could take a man at his word....no more!!
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Re: Hand Shake Agreements??
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I believe you are right, they are binding. Problem is proving there ever was an agreement, the money it would take you to fight it would more than likely be more than you would want to spend.
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TXPH
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(Tracker)
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07/02/08 03:25 PM
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Re: Hand Shake Agreements??
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It is only binding if the lease was for less than one year. If I lease this way for say a season, I always pay with a check and write what lease, ie dove, and the year and months of lease on the check. This is proof enough in a civil case in cout. $70 is all it costs to file a case. Been there done that still got a t shirt and chaped arse but we did win.
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dgilbert
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(THF Trophy Hunter)
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07/02/08 03:36 PM
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Re: Hand Shake Agreements??
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Quote:
For some reason it seems maybe Randall, you might have some info. on this.
Is this possibly one of the trolling threads. 
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Re: Hand Shake Agreements??
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Don't do a lease on a handshake. Been there, done that, been screwed.
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Re: Hand Shake Agreements??
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Quote:
Quote:
For some reason it seems maybe Randall, you might have some info. on this.
Is this possibly one of the trolling threads.
I wasn't even trolling when I got banned for trolling!!!    
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Txduckman
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(THF Trophy Hunter)
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07/02/08 03:49 PM
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Re: Hand Shake Agreements??
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I think only if you use a hand buzzer are they not valid.
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Re: Hand Shake Agreements??
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I am not leasing land and haven't in several years. Was just wondering the law on this b/c it has been mentioned several times before. Thanks for looking out for me though, fellow THFers!
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dgilbert
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(THF Trophy Hunter)
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07/02/08 03:52 PM
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Re: Hand Shake Agreements??
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Quote:
Quote:
Quote:
For some reason it seems maybe Randall, you might have some info. on this.
Is this possibly one of the trolling threads.
O' I forgot, what rules did you violate.
I wasn't even trolling when I got banned for trolling!!!
O' I forgot, what rules did you violate?
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Re: Hand Shake Agreements??
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Quote:
Quote:
Quote:
Quote:
For some reason it seems maybe Randall, you might have some info. on this.
Is this possibly one of the trolling threads.
I wasn't even trolling when I got banned for trolling!!!
O' I forgot, what rules did you violate?
Prior to being banned...I imagine close to say...all of them. So what's your point!?!?!  YOUR getting off topic DAMN IT!!
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dgilbert
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(THF Trophy Hunter)
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07/02/08 04:01 PM
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Re: Hand Shake Agreements??
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OK hand shake, NO GOOD.
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cibolo
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(Pro Tracker)
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07/02/08 04:44 PM
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Re: Hand Shake Agreements??
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the hand shake agreement is only valid if you have a witness,and even then like mentioned on here it's very hard and expensive to prove in most case's. unless you do like TXHP mentioned, put all the info on the back of the check and there you have it in writing and can use it in court to show a binding agreement. a landman i met a few years ago told me about the check thing and said it did work but he still had to spend money on a lawyer and court fee's. it's alot simplier to just get it in writing and that way both side's are in agreement and bound by a lease agreement.
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Re: Hand Shake Agreements??
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At one time, hand shake agreements were binding in the state of Texas in many transactions.
The last time I was involved in such an agreement was about 1976 or 1977 or so, before 1980.
Approximately 30 years ago.
I was in on two different leases over a period of about 5 years or so, with two different family groups.
These leases were in the Graham/Murray/Medlen Chapel area and were owned by older men.
A price was established, basic rules were discussed, and hands were shook.
The reason we stopped leasing all had to do with family problems outside of the lease setting, but among people that were members of the lease.
I am not aware of or have been involved in any hand shake agreements after 1980.
While at that point in time hand shake agreements were considered binding over most of the state, I believe it had more to do with community reactions than any real law.
Most rural communities at that time were fairly closed societies, and any member of the community that could not be trusted by all in the community, could and would find themselves ostercised and eventually in many cases forced to sell out and move from the area.
While I feel that much was lost to our society when a persons word/handshake was no longer trustworthy, getting EVERYTHING put down on paper, witnessed, and if possible notarized, is the only way to do business in our modern world.
JMO.
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cibolo
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(Pro Tracker)
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07/02/08 05:08 PM
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Re: Hand Shake Agreements??
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the sad part is that a hand shake is not held in high regard anymore by a lot of people. it has become more ceremonial in most transactions. but having it all in writing is a lot more necessary now a day's also, just for the simple fact that leasing land has got a lot more complicated.
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Re: Hand Shake Agreements??
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Our grass lease was a handshake agrreement for over 20 years. After BIL took over he drew up a huge 15 year contract. We shot that dog and are still in a handshake agreement. Now I wouldn't recommend this for everyone but it works for us.
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Re: Hand Shake Agreements??
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When we first bought our place, there was an existing cattle lease on it. My neighbor indicated that he still wanted to run his cattle, so naturally I drew up a simple contract. He signed it but after the first year we left it alone. He has been a tremendous help after we quit worrying about contracts. We do not run cattle anymore but he seems to understand what we are trying to achieve. I am just glad he looks out for our place since we are so far away.
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Re: Hand Shake Agreements??
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i know that in texas oral agreements are still legally binding but it comes down to your word vs. somebody elses word....
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Re: Hand Shake Agreements??
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well..our lease this year is a handshake agreement, but I be darned if we go to claims court if there is a problem. we'll be finding the guy!
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7mag
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(THF Trophy Hunter)
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07/04/08 10:51 AM
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Re: Hand Shake Agreements??
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Quote:
well..our lease this year is a handshake agreement, but I be darned if we go to claims court if there is a problem. we'll be finding the guy!
Great example. Why even hand shake then??? 
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Re: Hand Shake Agreements??
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first year on lease so if its good, then I am sure something will be written for the following season etc. hopefully we wont have any problems.
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Texpppr
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(Bird Dog)
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07/04/08 05:13 PM
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Re: Hand Shake Agreements??
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This is what I remember from a business law class in College at the University of Minnesota. The US UCC (Uniform commercial code)says a verbal or handshake contract is as legal as a written contract. The professor said yes that is true but that a verbal contract is harder to enforce. He said, she said..etc..
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Seadog
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(Pro Tracker)
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07/05/08 01:28 AM
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Re: Hand Shake Agreements??
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My BIL had a handshake deal on a lease for years and everything was good until the old man decided he had to sell the property and the new owners wanted them out immediately. Since it was close to deer season, the old man did stipulate a condition in the sale that my BIL and friends were allowed to hunt 1 more season though!!!
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Re: Hand Shake Agreements??
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I wish the hand shake was good but not these days. If I shake your hand my word is good. My dad always said if you can't stand behind your word and a hand shake then don't do it. If a man shakes my hand he better have a pin in his pocket after that.
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BenBob
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(Tracker)
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07/05/08 12:42 PM
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Re: Hand Shake Agreements??
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It only works if the two people shaking are honorable.
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Re: Hand Shake Agreements??
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the simple definition of a contract is one promise in exchange for another promise. ie: lessee promises to pay, and the lessor promises to grant access to his land.
In the event a contract involves real property it must be in writing in order to be binding and upheld in court. This contract must also meet the following five elements:
Mutual assent
Lawful objective
Capacity of the parties to perform
Consideration
Appropriate form
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Re: Hand Shake Agreements??
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I would only do handshake with a land owner I know well. I had a hand shake deal in coke county that went bad cost 8500.oo .He did do jail time for it.But I never got my money back.
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k-town
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(Woodsman)
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07/11/08 09:23 AM
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Re: Hand Shake Agreements??
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Times have changed ...There was a time when a handshake would seal any deal but... Today I'd advise you always get it in WRITTEN FORM (CONTRACT) good huntin , K-T
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Texpppr
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(Bird Dog)
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07/12/08 07:59 AM
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Re: Hand Shake Agreements??
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Tis a sign of the times. Only takes a few bad apples (on either side of the agreement)
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Cool_Hand
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(THF Trophy Hunter)
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07/12/08 08:43 AM
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Re: Hand Shake Agreements??
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Quote:
Tis a sign of the times. Only takes a few bad apples (on either side of the agreement)
Worked well for me on a deer lease for 25 years but...........its a thing of the past!!!
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