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Saturday, November 8, 2014

Utica Shale Bringing Increased Dollar Offerings For Leasing


• Remember every provision of a lease is negotiable when you know what and how to ask.
• Require that a Lease Surrender document be submitted to you (lease owner) within 2 months of expiration or cancellation of a lease.
• Require surface damage provisions beyond growing crops and other resources.
• Require plat map approval for well, tank, access road and pipeline sites before drilling or construction begins … especially for land features needing protection.
• Double check pooling or unitization provisions with whoever is representing your interests.

• Lease before you look.
• Forget to get the going rate (all numbers mentioned) for OGM’s in your area in writing to better understand the value of your acreage … checking multiples sources.
• Forget that you must initial all changes added and stricken in the lease or the changes will not be enforceable.

These are a “few” of the DO’s and DON’Ts Group members are made aware of before signing a lease document. Questions are expected. Wheeling and dealing on one’s own is no safer than jumping into a jet cockpit and taking off with no lessons. O&G companies have had years of experience negotiating leases. Few individuals have, especially when considering modern technology has made multiple shale plays possible from a single wellpad. Times have changed. Across the entire Marcellus/Utica region the formation of Group Leasing has become the “norm” … a sound strategy to make the most of and protect what we have.

Are you on board?
>>Across this region the lull we’ve experienced in
O & G leasing and related contracts is over. Clumps of
townships are being negotiated for. Each company has its own favorite area because they’re leary of competing against each other. It ruins their profit margins!
4-County Landowners Group is all about profit margins …

Janice Lanphere Hancharick E-mail:


Anonymous said...

Janice Lanphere Hancharick, Agent for CXEnergy....Oui?

Anonymous said...

35.305. Business name on advertisements.
(a) Brokerage companies, including sole proprietorships, cemetery companies and rental listing referral agencies shall advertise or otherwise hold themselves out to the public only under the business name designated on their license.

(b) Licensees who wish to use and advertise a nickname for their first names shall include the nickname on their licensure applications or biennial renewal applications.

(c) An advertisement by an associate broker, salesperson, cemetery associate broker or cemetery salesperson shall contain the business name and telephone number of the employing broker. The names and telephone numbers shall be of equal size.


The provisions of this § 35.305 issued under the Real Estate Licensing and Registration Act (63 P. S. § § 455.101—455.902); amended under sections 201, 404, 501, 601, 602 and 604 of the Real Estate Licensing Registration Act (63 P. S. § § 455.201, 455.404, 455.501, 455.601, 455.602 and 455.604).


The provisions of this § 35.305 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 781; amended June 10, 1994, effective June 11, 1994, 24 Pa.B. 2904; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 5954; amended August 19, 2005, effective August 20, 2005, 35 Pa.B. 4711. Immediately preceding text appears at serial pages (287896) to (287897).

Notes of Decisions

Employing Broker Information

Several real estate salespersons and associate brokers violated the regulation requiring them to list the business name and telephone number of their employing broker in advertisements, where the advertisements each contained the name of the employing broker and one telephone number, which, although purchased by the employing broker, provides a direct connection to the salesperson or associate broker featured in the advertisement, and where directory assistance provides a different number appearing in none of the advertisements for the employing broker. Campo v. State Real Estate Commission, 723 A.2d 260 (Pa. Cmwlth. 1998).

An advertisement failed to meet the requirements of subsection (b) where telephone numbers, owned and maintained by the employing broker but assigned to various salespeople to answer, were displayed in the advertisement, and the numbers provided in the advertisements did not match the telephone numbers given by directory assistance for the employing broker. D’Alonzo v. State Real Estate Commission, 702 A.2d 1102 (Pa. Cmwlth. 1997).


The court found ample authority in the Real Estate Licensing and Regulation Act for the State Real Estate Commission’s promulgation of a regulation requiring the employing broker’s telephone number in advertisements, where employing brokers are required to supervise employed salespersons and associate brokers, and misleading advertisements are forbidden; the regulation advances the twin aims of employe supervision and prevention of public misconception by providing the public with unfettered access to the employe’s supervisor, and it also prevents the public from mistakenly believing that the salesperson or associate broker is self-employed. Campo v. State Real Estate Commission, 723 A.2d 260 (Pa. Cmwlth. 1998).

Cross References

This section cited in 49 Pa. Code § 43b.8 (relating to schedule of civil penalties—real estate and cemetery brokers, real estate schools).


No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Code full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.

Anonymous said...

Much of the information in this essay is accurate and could be helpful.
And that's good.
But is yet another "advertorial" for one particular real estate hustle involving oil, gas and mineral rights. In such a case, the real estate middle man/woman injects a healthy profit into the deal for him/herself when he/she has no ownership stake. Just sucking out money for personal gain from the willing sellers.

Anonymous said...

if she keeps misrepresenting herself by omission, solomons shouldn't post her blog.

Anonymous said...

For a short time JLH was what CX called a Channel Partner, because that was what one had to become to introduce to the global market the amt. of acreage 4-County had become. She had no acreage of her own, but in recognizing the way O&G companies were "dealing" with local landowner interests when Marcellus turned into a household word :( , she was compelled to shine a light on how company leases were so one-sided in favor of companies, AND how to level the playing field. The Channel Partner program has long since disappeared. However all the educational opportunities that have been presented to the public since the early days through our commissioners, PSU's Marcellus Center for Outreach & Research, 4-County meetings, newspaper articles, blog site info have ALL served to enlighten. If the information has allowed OGM owners to make better decisions than simply waiting for an offer in the mail, or a land agent's phone call, or knock @ the door THEN they've graduated.
While JLH does have OGM acreage now, it's only a fractional interest made available through family tragedy. Too bad they can't be outlawed regardless what's involved.

Anonymous said...

Oh lkook who it is.....Through all the years of infomercial blog posts, never was this "channel partner"(read commision like) relationship disclosed to the best of my knowledge. If channel partner is dead, still would like full disclosure if there is an fiduciary relationship between cx,said good soul and or any other entity.