Site icon Land.com

Why you Need a Land Agent for Your Transaction

Buying or selling land can be a complicated business, and prospective buyers and sellers must be sure they have an agent who not only has their best interests in mind but also the knowledge and experience to make it happen. In Southeast New Mexico, where I am located, we often jokingly say we have more cows than people. Some of the more recent statistics suggest this may no longer be as true as it used to be, at least when judging the entire state as a whole, but for the most part New Mexico is still a very rural state, deeply rooted in its ranching heritage. The fifth-largest state in the U.S., New Mexico offers vast wide-open ranch land, gorgeous sunsets, and breathtaking scenery, stunning even at times in its vast nothingness. Even with all that immense ranch land surrounding us, land brokers in New Mexico are hard to come by. It makes for an interesting conundrum in a state you would expect to be chockfull of land brokers, given how much land there actually is.

Land transactions gone badly are said to make up one of the largest percentages of all the total E&O (Errors & Omissions Insurance) claims in the state. Why is that? In the case of New Mexico, much of the reason is that there are so many agents not trained in land transactions trying to complete one as if they were a land expert when, clearly, they are not. Sadly, most of them don’t even think twice about it until it’s too late and the damage has been done, thereby resulting in the E&O claim as part of a potential lawsuit or settlement.

The reasons are varied and complicated, but despite having more cows than people and being surrounded by vast ranchland, the majority of real estate agents in New Mexico are trained as residential agents with the rest being commercial but not commercial specific to land. This is not limited to New Mexico, and occurs in most other states as well, but it is rather ironic in a state made up predominately of ranchland to have so many agents trained in other specialties but not land. The result is there are a large number of agents who are not prepared for the complexity that a land transaction brings with it, lacking the specialized expertise that is required for such a transaction. In fact, many people, agents and customers alike, see land as being a simple transaction. The thought process seems to go something like this: if there’s no house, then there’s no inspections, no repairs, and nothing to nitpick so it should be easy and fast—what could possibly go wrong? Unfortunately, many things can go wrong and an agent who is naïve of all those possibilities generally only creates more problems. 

This is exactly why you need an expert land agent for your land transaction. Residential and even general commercial agents are often oblivious to the challenges of land. Too often they may have spent their entire lives living in town and don’t understand the basics of water wells or septic systems, or that electricity isn’t just automatically available anywhere and everywhere on demand and that, even if it can be hooked up, the cost may be exorbitant and entirely prohibitive. Those are just a few of the issues that must be explored when a prospective buyer decides they want a simple country home. For an actual working farm or ranch, it can become so much more complicated. The bulk of the land in western states such as New Mexico is state or federally owned, meaning those leases must be negotiated as part of a sale as well as any private leases that may also be included. Water rights issues, mineral rights issues, and easements just to name a few must also be considered as well as countless other complexities unique to the land, like soil types. As mentioned at the beginning of this article, land agents are not always prevalent, so finding one can sometimes be a challenge in and of itself, especially in a rural area such as New Mexico. Putting the time and effort into finding the right agent is of absolute importance as it will determine the entire outcome of the transaction whether you are the buyer or the seller. 


Here are a Few Tips to Get you Started on Finding a Qualified Land Agent


Story by Beth Myers, ALC

Exit mobile version