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Chapter 22:

Farm and Ranch Brokerage

An * in the left margin indicates a change in the statute, rule or text since the last publication of the manual.

I. General

A large segment of the Colorado economy is devoted to agriculture. A wide variety of products are produced on property ranging from irrigated land to mountain hay meadows to fruit farms. It is a complex pattern that is both an opportunity and a challenge to the real estate licensee. There is opportunity because tremendous wealth is involved. No other group values the ownership of land more than the ranchers and farmers of Colorado. It is a challenge because farmers and ranchers demand service for the commissions they pay. Service in this field involves much effort and knowledge. Rural real estate involves many problems that are not found in selling urban property. The successful person in this type of brokerage must know solutions to the problems and to understand all the factors involved in determining rural real property values.

The sale of a farm or ranch is also the sale of a business. This has become more obvious as the traditional family farm or ranch increasingly has been replaced by sophisticated corporate entities. Although a property may include land, personal property, and water rights, the marginal value of a farm or ranch is largely determined by the income produced. The real estate licensee dealing in farms or ranches therefore must have a strong knowledge of agricultural finance and economics in addition to an appreciation of the physical assets to be conveyed. Such knowledge can include areas as diverse as the price of winter wheat, changing developmental and demographic patterns, and new developments in fertilizers and pest control.

Successful farm and ranch brokers exercise a great deal of care in listing properties for sale. Many problems can be avoided by planning carefully in this phase of a real estate operation. Showing a farm or ranch involves much more than showing a house in an urban setting. Consequently, when a licensee accepts a listing of rural property, the real estate licensee must have a sound knowledge of the property and surrounding area.

In developing a list of farms and ranches for sale, it is well that a licensee consider specializing either in certain types of properties or in a given area. By restricting the area of operation a licensee can gradually become an expert in their field. If the real estate licensee becomes familiar with every farm and every farmer in the south half of the county they will be recognized as an authority and good listings will be the result. If the licensee learns about dairy farms and becomes acquainted with the owners of this kind of property, the licensee’s services will be in demand by those wishing to sell dairy farms. As the licensee becomes more experienced, he or she can expand their area of geographic expertise or may branch out into different specialties (orchards, wheat farms, etc.)

Before an owner signs an exclusive listing, a complete statement of all the important information concerning the property should be developed. Sample listing sheets appear in this manual. The licensee should go further and develop a brochure or brief that gives a

22. Farm/Ranch Brokerage

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22. Farm/Ranch Brokerage

Colorado Real Estate Manual

complete description of the property along with pictures and charts. Some brokers even use aerial photographs to better present the qualities of the land to prospective buyers. The extent of the listing information will depend on the complexity of the transaction.

The following maps will help in the analysis of the farm or ranch:

1.Map showing all improvements, location and description;

2.Map showing all water, streams, springs, wells, lakes, water holes, etc.;

3.Map showing vegetation cover from the Bureau of Land Management;

4.Map of mineral ownership;

5.Plot of the ranch on a road map showing accessibility to roads, railroads, air fields, etc.

The listing broker must also obtain full financial data concerning operation of the property. In the past, financial records have often been incomplete due to resistance from owners or inconsistent record keeping. Today, this situation has changed to the point where a licensee often will be dealing not only with an owner but also with accountants, lenders and attorneys. Financial information must be maintained in strict confidentiality. Potential purchasers should be provided such information only after being fully qualified and with the consent of the owner.

Water rights should be carefully studied and described not only as to date of decree and amounts of water decreed, but also as to actual delivery of water year after year in both wet and dry years. Additional information on water rights may be found in the table of contents and index.

The precipitation and temperature figures should be developed for the past few years. These figures are important in determining winter conditions, winter feed needs, etc. Hay and grain production on the ranch for several years back should be determined. These figures tie into the wintering analysis that the broker is making.

All minerals should be checked, as the greatest asset of the property could well be the minerals. Also, in the sale of the property, the minerals can be sold separately to the purchaser of the land or to someone else.

Inquiries should also be made of the owner concerning the existence of possible hazardous waste sites. These could include abandoned fuel storage tanks or chemical dumps and could result in serious problems if not disclosed to potential purchasers.

A very important factor in the sale of a ranch is the carrying capacity. How many animal units will the ranch support? Sometimes this is a historical fact based on the number of cattle that have been run on the ranch over a period of years. If the ranch has BLM (Bureau of Land Management) lands within its boundaries, the BLM may have the A.U. (animal unit) figures for the ranch. Check to see if the carrying capacity has been increased by range seeding and by water hole development.

The farm and ranch expert looks for buyers in practically the same areas where they search for listings. The licensee keeps in contact with as many people as possible that are related to the industry, such as machinery companies and farm organizations. Probate judges and trust officers may often provide leads on prospective buyers. The real estate professional

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Chapter 22: Farm and Ranch Brokerage

watches newspaper stories about farm sales and condemnations. They will become acquainted with investors who make a practice of buying rural property. Government agencies buy land, as do factories and land developers. A successful broker knows who buys land, and catalogs and analyzes their needs. Foreclosures should also be monitored.

Many buyers desire farm or ranch land for special uses such as grass sod farms or horse- breeding farms. Some farm or ranch lands may be suitable for recreational or subdivision development. Other buyers may be interested in securing income tax benefits.

Buyer qualification is critical in the sale of a farm or ranch. This is particularly true if the seller is to finance all or part of the sale by carrying back a mortgage or trust deed. Qualification should include not only a buyer’s ability to complete the purchase, but also evidence that the buyer can successfully operate the farm or ranch after the sale. Licensees should encourage sellers to seek professional assistance in evaluating buyer qualifications.

Sources of funding for agricultural properties are more varied than for urban residential properties. These include not only banks and mortgage companies, but insurance companies, pension plans, REITs and others. A farm and ranch broker should have a complete list of all the sources of money available for financing. Most sales will hinge on the ability of the broker to bring the moneylender and buyer together on satisfactory terms. The licensee should also be familiar with the sources of funds made available by the federal government. These include the Federal Land Bank, the Farmers Home Administration, the Federal Land Bank Association and the Federal Intermediate Credit Banks. These institutions are designed to meet unusual demands on the part of farmers and ranchers. Knowledge of these services may be acquired by requesting information from the agencies involved. Appraisers may also be a valuable source of information concerning financing.

Selling to and for syndicates is a device employed by many farm and ranch professionals. This takes specialized knowledge on the part of the licensee and should be explored carefully. A knowledge of securities law is vital to such transactions, which may also require the involvement of a licensed securities dealer.

A farm and ranch broker should recognize the influence that income tax has on the purchase and sale of real estate and should know where to get expert advice in this area.

Finally, in relation to selling farms and ranches, the manager is someone who can help directly or indirectly in the sale. The knowledge needed in managing a farm is very similar to the knowledge required to properly present the farm to a prospective buyer. Furthermore, the sale of a farm or ranch may depend on the ability of the broker to furnish a manager for the property after the sale. Consequently, many successful offices find themselves naturally incorporating a management department in their business operation.

This section can do no more than introduce the real estate licensee to the highly specialized field of farm and ranch brokerage. Experience is the great teacher in this field.

The listing contract forms used for farms and ranches are similar to those used for the listing of other types of real estate. However, the information necessary for the sale of a farm or a ranch is much more detailed. Following is a short glossary of terms and basic farm and ranch information sheets.

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Colorado Real Estate Manual

II. Farm and Ranch Glossary

National Forest: A forest or watershed reservation administered by the Forest Service, United States Department of Agriculture.

Grazing Preference on National Forest: An established preference to graze certain numbers and classes of livestock upon a National Forest for a specified time and subject to rules and regulations adopted by the Forest Service.

Grazing District – Taylor Grazing Act: An administrative subdivision of range lands under the jurisdiction of the Bureau of Land Management, established pursuant to Section 3 of the Taylor Grazing Act to facilitate management of BLM forage resources. Grazing on the public lands within such districts was formerly regulated by the Grazing Service.

Grazing Licenses: A grant of grazing rights for a specified number and class of livestock on a designated area of grazing-district lands for a specified period, usually not more than one year.

Grazing Permit: An authorization to graze a set number and class of livestock on a designated area of grazing-district lands during specified seasons each year for a period of usually 10 years.

Section 15 Grazing Lease: A lease which authorizes the use of public lands outside of grazing districts (Taylor Grazing Act) for the grazing of livestock for a specified period.

State Lease: A lease in which the state of Colorado, as landlord, grants grazing, agricultural and other rights to land under the jurisdiction of the state board of land commissioners.

                            EXAMPLE                        
                    FARM INFORMATION                        
Date               Farm Listing                          
State                           Irrigated                        
County               Dry Land                        
Co. Seat                                                        
Name of Farm               Nearest Town                          
Total Acres           Direction from Town       Distance
Roads         Distance   School         High School           Bus
Domestic Water             Stock Water       Soil        
Acres Cultivated         Irrigated         Non-Irrigated   Sub-Irrigated  
Acres Alfalfa       Native     Total Tons         Pasture
Crops Now Growing                                                        
                                     
Following crops are/are not included in sale price                        
                                                                     
Irrigation Wells     Depth       Power       Name of Pump
Capacity of Lakes       or Well         Reservoirs     Fences      
Main House Construction         No. of Rooms Roof     Foundation
Basement     Gas     Electricity             Bath    

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                  Chapter 22: Farm and Ranch Brokerage  
Water System     Heat             Condition Improv.  
                                                         
Other Living Quarters                                          
Barns and Out Buildings                                          
                                                       
                                                       
Name of Tenant             Address                        
Term of Lease                   Crop or Share Rent  
Water Rights                                                  
Water Assessments                         Taxes  
What Mineral Rights Go?                      
Comments (General impression of farm) (Advantages and disadvantages)  
                                                 
                                                 
                                                 
                                                 
                                                 
Owner                       Phone          
Address                       Possession Date  
Price                         Terms                        
Loan Information: Original Amount $                 Interest Rate  
Payments Due             How Payable                  
Present Balance $             Can it be paid off?  
Mortgagee                 Address                        
Can new loan be secured?       Amount             Interest  
Legal Description                                          
                                               
RANGE ______                                                
    6     5     4 3   2   1                  
                                             
                                                       
                7     8     9 10   11   12                
                18   17     16 15   14   13                
                                           
TOWNSHIP ______   19   20     21 22   23   24               North
                                                     
                30   29     28 27   26   25                
                                                     
                31   32     33 34   35   36                
                                                                 

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Colorado Real Estate Manual

Date ______________________

The foregoing statements are substantially correct.

(Owner)

(Owner) Address

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                  Chapter 22: Farm and Ranch Brokerage
                                    EXAMPLE                                
                    RANCH INFORMATION
Date                                   Ranch Listing
State                                         Cattle           Sheep
County                             Mountain         Plains                
Co. Seat                                   Carrying Capacity                
Altitude at Ranch                             No. of Cows         Hd Mo’s  
                                          No. of Steers         Hd Mo’s  
                                          No. of Sheep         Hd Mo’s
Total Acres Direction from Town               Distance                          
Name of Ranch                                     Nearest Town  
Acres Deeded         State Lease   Acres at $         Per Year - Exp. Date
Private Lease           Acres at $               Per                                  
Year-(Written-Verbal) Exp. Date                                                          
BLM Lease Acres at $       Per Year-Term Exp. Date
BLM Permit Head at $             Per                                              
Head-Season of                                     to                                
Forest Permit       Head at $           Per                                          
Head-Season of                             to                                
Name of Forest             Likelihood of cut (Yes-No)         What Percent
Name of Ranger or Supervisor and Address                                              
Acres in Hay Kind Average Tonnage         Quality
Acres Farmed What Crops                   Average Yields              
Acres in Pasture Acres Sub-Irr. Pasture               Acres Dry Pasture
Acres Waste Land                   Condition of Range                                
Predominant Range Grasses                                
Water Rights Name of Stream No. of Cu. Ft.         Date of Priority  
Stream or Lake s                             Miles of Stream
Stock Water Creek       Springs         Ponds         Windmills  
Distance to Grade School                   Bus (Yes-No)  
Distance to High School                                   Bus (Yes-No)
Kind of Road in to Ranch Miles to Main Road         No. or Type
Is there good winter shelter Kind               Annual Precipitation
Describe Climate                   Winters Summers  
Condition of fences         Kind                     No. of Pastures  

Improvements

Describe fully - type - condition - water supply - bath - elec.(yes-no) source

Are buildings neat and attractive (yes-no) lawn (yes-no) shade trees (yes-no) Explain carrying capacity and best type of operation

Livestock or Ranch (included - Not included) in sale price, No. of Cattle No. of Sheep  
When purchased by present owner? Why is ranch for Sale?        
Will hay crop be included in sale? (Yes-No) If not, at what price per ton $      

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Real estate taxes $   Personal Taxes $
Any Poisonous Weeds?   What Mineral Rights go?

Comments (general impression of ranch, any hunting, fishing or recreation facilities?)

Owner       Ranch Phone
Address       Bus Phone  
Name of (Foreman - Tenant)       Remuneration  
Price of Ranch $ Terms    
Possession will be given          
Price of livestock if not included with ranch $    

Following described equipment (is-is not) included in sale price

Legal Description (if too long attach rider)

Loan Information

Is there a loan (Yes - No) Original amt $

Int rate _____% Due When Made

How Payable

Present Balance $

Can it be Paid off

Mortgagee

Address

Other Indebtedness

Lender

LEGEND

Buildings

Fences

Railroads  
Streams  
Wells  
Windmills X
Reservoir  
Ponds  
Timber  
Deeded (Red)
State Lease (Yellow)
BLM (Blue)
Private Lease (Green)

TownShip: Range:

6 5 4 3 2 1
           
7 8 9 10 11 12
           
18 17 16 15 14 13
           
19 20 21 22 23 24
           
30 29 28 27 26 25
           
31 32 33 34 35 36
           

Date___________________

The foregoing statements are substantially correct.

(Owner)

Owner)

Address

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