To compare mineral rights offers, first check that they buy the same thing on the same terms. NARO advises owners to Always compare offers on identical terms (royalty deed vs. mineral deed, post-closing adjustments, title requirements, and purchase price allocations).
(NARO, Oct 2026). Of 148 buyer sites in a public directory of mineral buyers, 3 say who keeps royalties from before the effective date, and none was recorded saying whether its purchase contract can be assigned (AMR buyer ledger, Oct 2026).
This page sets out each term that has to match and why, what buyer sites disclose about those terms, who is paid for production around a sale, and the Texas rule for mailed offers. It ends with a worksheet that lists what still differs and never names a better offer. The legal points come mostly from Texas and Oklahoma and differ by state. American Mineral Registry, which publishes this page, also buys mineral interests.
Key Takeaways
- NARO says to compare offers only on identical terms, including deed type and title requirements (NARO, Oct 2026).
- A mailed offer typically holds a cover letter, a deed and a sight draft (Texas A&M Real Estate Center, Jul 2005).
- A sight draft looks like a check but is not funded until title is verified (Texas A&M Real Estate Center, Jul 2005).
- The deed, not the cover letter, spells out the interest transferred (Texas A&M Real Estate Center, Jul 2005).
- Most deeds attached to the mailed Texas offers reviewed were mineral deeds, not royalty deeds (Texas A&M Real Estate Center, Jul 2005).
- In Texas a deed conveys every right the seller owns that it does not reserve (Texas A&M Real Estate Center, Oct 2011).
- The effective date sets when revenue shifts to the buyer; closing is when money changes hands (Caddo Minerals, May 2026).
- 3 of 148 directory buyer sites say who keeps royalties from before the effective date (AMR buyer ledger, Oct 2026).
- None of the 148 buyer sites was recorded saying whether its contract can be assigned (AMR buyer ledger, Oct 2026).
- 29 of 148 buyer sites say their offers are made in writing (AMR buyer ledger, Oct 2026).
- Texas requires a notice in about 14 point type on mailed offers for only minerals or royalty (Tex. Prop. Code 5.151, archived, Jan 2025).
- A Texas seller sent no notice may recover $100 or up to the gap between price and value (Tex. Prop. Code 5.151, archived, Jan 2025).
- An unrecorded Texas conveyance is void against a later buyer for value without notice (Tex. Prop. Code 13.001, archived, Feb 2025).
How do you compare mineral rights offers?
Line the offers up term by term before looking at the price. NARO lists the deed type, post-closing adjustments, title requirements and price allocations, and Texas sources add the land and minerals the deed describes.
What should match?
The deed type, the land and depths, the effective date, any adjustment after closing, the title requirements and the costs. NARO adds that competing bids help only when their terms line up.
- NARO says
Obtain multiple offers before selling: Mineral markets can be opaque; competitive bids and clearly comparable terms are essential to materially improve outcomes.
(NARO, Oct 2026). - The Texas A&M Real Estate Center notes
In Texas, the mineral estate is made up of five separate and distinct interests.
(Texas A&M Real Estate Center, Jul 2005).
Which document decides what is sold?
The deed. A cover letter or an earlier sales contract can say something different, and in Texas the deed controls.
Regardless of what the cover letter implies, the deed is the legal instrument that spells out the interest transferred.
(Texas A&M Real Estate Center, Jul 2005).Texas’ merger doctrine holds that at closing, all prior agreements, including those depicted in the earnest money contract, merge into the deed. The deed, not the sales contract, represents the final expression of all prior agreements.
(Texas A&M Real Estate Center, Oct 2011).According to Texas law, the deed conveys all rights owned by the seller not reserved.
(Texas A&M Real Estate Center, Oct 2011).
What has a mailed offer carried?
A 2005 Texas A&M review of mailed offers found deeds broader than their letters. Current offer packages may differ, so treat these as things to check rather than what every offer contains.
Offers contain a cover letter, a deed and a sight draft, which looks like a check but is not funded until title is verified.
(Texas A&M Real Estate Center, Jul 2005).Most deeds attached to the offers, however, are mineral deeds, not royalty deeds.
(Texas A&M Real Estate Center, Jul 2005).- In one, while the letter named a lease or property,
the mineral deed accompanying the offer letter conveys all the seller’s mineral interest in the entire county.
(Texas A&M Real Estate Center, Jul 2005). - In another,
In this instrument, the term ‘other minerals’ includes coal, lignite, uranium, sulphur, iron ore and every other ‘mineral’ now or hereafter recognized as such under the laws of the State of Texas.
(Texas A&M Real Estate Center, Jul 2005).
Which offer terms do buyer sites disclose?
Buyer sites say most about speed and least about the terms that move money. 90 of 148 state a time to close; 3 say who keeps royalties from before the effective date.
Which sites say who keeps royalties from before the sale?
Three, and each leaves the answer to the agreement. No statute we found sets who keeps those royalties.
- American Royalty Buyers says checks
for production that occurred before closing
areyours to keep unless the agreement specifies otherwise
(American Royalty Buyers, LLC, Oct 2026). - Berlin Royalties says
If a check for a prior period shows up in your mailbox afterward, we will tell you exactly what belongs to whom, in writing, before closing.
(Berlin Royalties, Oct 2026). - Longhorn Mineral Partners says
Your royalty checks keep coming to you until the sale closes and ownership transfers. The purchase and sale agreement sets an effective date that determines who is entitled to production revenue from which point.
(Longhorn Mineral Partners LLC, Oct 2026).
What do sites say about holding, reselling or assigning?
40 sites say whether they hold what they buy, resell it or buy for others; none of the 148 was recorded saying whether the purchase contract itself can be assigned to another buyer.
- Berlin Royalties warns:
Assignment language means your
buyermay be a middleman shopping your deal.
(Berlin Royalties, Oct 2026). - Russell T. Rudy Energy says
Russell T. Rudy Energy, LLC acquires interest for our own account. We are not brokers and we never repackage and resell interests that we have acquired.
(Russell T. Rudy Energy, LLC, Oct 2026). - Haystack Minerals says
No. We are an end-buyer who contacts landowners directly. We have funds ready to go and are experienced. We do not broker or seek out “investors” or someone else to buy your rights.
(Haystack Minerals, Oct 2026). - Mineral Royalties Group says
We provide minerals and royalties with excellent value to individual buyers for their own direct private ownership and portfolio.
(Mineral Royalties Group, LLC, Oct 2026). - Breck Minerals says
Our primary strategy is long-term ownership. We are disciplined buy-and-hold investors, while remaining opportunistic when market conditions create compelling divestiture opportunities.
(Breck Minerals, LP, Oct 2026).
What do sites say about costs, title and written offers?
44 sites say who pays costs, mostly that the buyer does, while brokers and listing sites state a commission. 29 say their offers are in writing. Berlin Royalties lists the questions to put to every buyer.
- Berlin Royalties asks:
Who pays closing costs, title work, and recording fees?
(Berlin Royalties, Oct 2026). - It warns:
Some buyers use title problems to renegotiate late.
(Berlin Royalties, Oct 2026). - On review periods:
Long periods can tie up your minerals for months with no obligation to close.
(Berlin Royalties, Oct 2026). - Texas Royalty Brokers says
At Texas Royalty Brokers, our commission starts at 6%, with a reduced effective commission rate on larger transactions.
(Texas Royalty Brokers, Oct 2026). - US Mineral Exchange says
When you sell mineral rights through US Mineral Exchange, the buyer pays our 6% commission at closing. You never pay anything out of pocket.
(US Mineral Exchange, Oct 2026). - Berlin Royalties says
our preliminary offer puts a number in writing within about two business days and holds it still for 7 days while you think.
(Berlin Royalties, Oct 2026).
Who is paid for production before and after the sale?
The effective date decides who owns production money, closing is when the price is paid, and the payor changes whom it pays once the seller and buyer send a transfer order. Royalties held in suspense are part of what changes hands.
What is the effective date?
The date from which production revenue belongs to the buyer. It can differ from the closing date, so it decides who keeps checks for months already produced. AMR's page on royalties in suspense before selling covers money the operator is holding.
- Caddo Minerals, a buyer, says
The effective date determines when revenue shifts from you to the buyer. The closing date is when money changes hands. These are not always the same.
(Caddo Minerals, May 2026). - Under the EnergyNet auction terms,
Unless otherwise provided in the assignment to be delivered to BUYER, (a) SELLER is entitled to receive all production (including oil in the tanks), revenues and joint interest billings accruing prior to the effective date of the assignment to BUYER;
(EnergyNet, Seller's Agreement, Jul 2026). - Berlin Royalties says
Prior-period money should be addressed in the agreement, in writing.
(Berlin Royalties, Oct 2026). - NARO says
Suspense means the operator is holding funds instead of paying them. Common reasons include title defects, missing probate documents, address issues, unsigned Division Orders, tax ID problems, ownership disputes, or minimum payment thresholds.
(NARO, Oct 2026).
How does the operator learn of the sale?
Through a transfer order and a new division order. Texas and Oklahoma statutes set what those papers do; whom an Oklahoma payor pays between a sale and a transfer order is not stated in the sections read.
- Texas defines it: "
Transfer order
means an agreement signed by a payee and his transferee (new payee) directing the payor under the division order to pay another person a share in the oil or gas produced." (Tex. Nat. Res. Code 91.401, archived, Mar 2023). - A Texas division order may include
an agreement to notify payor at least one month in advance of the effective date of any change in the interest in production owned by payee
(Tex. Nat. Res. Code 91.402, archived, Mar 2023). Division orders are binding for the time and to the extent that they have been acted on and made the basis of settlements and payments
(Tex. Nat. Res. Code 91.402, archived, Mar 2023).- Oklahoma defines a division order as one that
warrants in writing the division of interest and the name, address and tax identification number of each interest owner with a provision requiring notice of change of ownership.
(52 O.S. 570.11, Oct 2026).
Why does recording the deed matter?
An unrecorded deed binds the seller but not a later buyer who paid without notice, and it can leave the operator paying the wrong person.
A conveyance of real property or an interest in real property or a mortgage or deed of trust is void as to a creditor or to a subsequent purchaser for a valuable consideration without notice unless the instrument has been acknowledged, sworn to, or proved and filed for record as required by law.
(Tex. Prop. Code 13.001, archived, Feb 2025).The unrecorded instrument is binding on a party to the instrument, on the party's heirs, and on a subsequent purchaser who does not pay a valuable consideration or who has notice of the instrument.
(Tex. Prop. Code 13.001, archived, Feb 2025).- NARO warns that failing to record transfers or deeds
can make it nearly impossible for operators to find you
(NARO, Oct 2026). - Ohio State University Extension advises:
Make sure your interests are recorded! With any transaction, recording transfer of title (or mineral interests) can be crucial to protecting your assets.
(Ohio State University Extension, Jan 2021).
What does Texas require of a mailed offer?
A buyer who mails an offer with a deed and a draft for only minerals or royalty must print a notice that signing sells the interest. If the notice is missing, the seller can sue for money but cannot undo the sale.
What notice must the offer carry?
A statement printed in type about the size of 14 point or larger, in substantially the wording quoted below. It applies to a mailed offer that encloses both a conveyance and a draft, and taking a lease does not count as a purchase.
- The required statement reads:
BY EXECUTING AND DELIVERING THIS INSTRUMENT YOU ARE SELLING ALL OR A PORTION OF YOUR MINERAL OR ROYALTY INTEREST IN (DESCRIPTION OF PROPERTY BEING CONVEYED).
(Tex. Prop. Code 5.151, archived, Jan 2025). - Section 5.151 says
the taking of an oil, gas, or mineral lease shall not be deemed a purchase of a mineral or royalty interest
(Tex. Prop. Code 5.151, archived, Jan 2025). - The section takes
draft
from the commercial code, whereAn instrument is a
noteif it is a promise and is a
draftif it is an order.
(Cornell LII, UCC 3-104, Oct 2026).
What if the notice is missing?
The seller can recover money after giving the buyer 30 days' written notice, and must sue within two years of signing. The conveyance itself stands.
- The seller may recover the greater of $100 or
an amount up to the difference between the amount paid by the purchaser for the mineral or royalty interest and the fair market value of the mineral or royalty interest at the time of the sale.
(Tex. Prop. Code 5.151, archived, Jan 2025). - The prevailing party may also recover
court costs
andreasonable attorney's fees
(Tex. Prop. Code 5.151, archived, Jan 2025). - The remedy is in addition to others,
excluding rescission or other remedies that would make the conveyance of the mineral or royalty interest void or of no force and effect.
(Tex. Prop. Code 5.151, archived, Jan 2025).
How do you use the offer comparison worksheet?
Type each written offer into its own column. The worksheet lists every term that differs or is not stated, and works out cash before tax only from the numbers you type.
Offer comparison worksheet
Type what each written offer says. Leave a field on “Not stated” when the offer does not say. Everything stays in this browser tab: nothing is sent, stored or uploaded. Print the result or save it as a PDF for your adviser.
| Term | Offer A | Offer B | Offer C |
|---|
Fill in at least two offers to see what still needs to match before the prices can be compared.
What does the worksheet check?
Eleven terms must match before it treats prices as comparable: the price basis, the share, what is conveyed, tracts, depths, the effective date, royalties before that date, money in suspense, title adjustment, costs, and whether the price is net of fees.
- It turns a per acre price into a total only when the acres are typed, and asks for a dollar total when an offer is a multiple of monthly income (American Mineral Registry, offer comparison worksheet, Oct 2026).
- It never names a better offer, and nothing typed into it is sent or stored (American Mineral Registry, offer comparison worksheet, Oct 2026).
- The print button saves the filled worksheet as a PDF to take to an attorney (American Mineral Registry, offer comparison worksheet, Oct 2026).
Which units can be compared?
Only like with like. A price per net mineral acre and a price per net royalty acre measure different things; the net mineral acres vs net royalty acres reference explains the difference, and the fee reference shows what a sale route can take from the price.
- Navigator Oil & Minerals says
Our formal, written offers are calculated on a $ per net mineral acre and/or lump sum basis.
(Navigator Oil & Minerals, Inc., Oct 2026). - Magnolia Minerals Trust says it can buy
all or a prorated portion of your interest for a mutually agreed-upon price per net mineral acre
(Magnolia Minerals Trust, LLC, Oct 2026).
Methodology and Sources
Legal points come from the Texas Property Code and Natural Resources Code, the Oklahoma Production Revenue Standards Act, the Texas A&M Real Estate Center and NARO, each read in full on October 8, 2026 and quoted word for word. The Texas statutes were read from Internet Archive captures of the official pages, dated in each citation, because the live pages did not return statute text. Buyer counts come from AMR's census of the 289 entries in Valor's public mineral buyer directory, of which 148 had a reachable site of a firm that buys, brokers, auctions or lists mineral interests; a site counts for a term only where its own page states it. None recorded
means no coder recorded such a statement on the pages read, not that no buyer has one. American Mineral Registry also buys mineral interests and is not listed.
Glossary
- Mineral deed: a deed that conveys the minerals with the right to lease, bonus and rentals.
- Royalty deed: a deed that conveys a share of production and leaves the other rights with the seller.
- Sight draft: a payment order sent with a mailed offer, paid only once title is verified.
- Effective date: the date from which production revenue belongs to the buyer.
- Closing: the day the deed is delivered and the price is paid.
- Division order: a payor's record of each owner's share of production, signed by the owner.
- Transfer order: a paper signed by seller and buyer telling the payor to pay the buyer.
- Suspense: royalties an operator is holding instead of paying.
- Title adjustment: a cut in price when title review finds a smaller interest than offered for.
- Assignment of contract: a buyer passing its purchase contract to someone else before closing.
- Recording: filing a deed with the county clerk so later buyers have notice of it.
Sources
- American Mineral Registry: Mineral buyer disclosure ledger, CSV
- American Mineral Registry: Offer comparison worksheet
- American Royalty Buyers, LLC
- Berlin Royalties
- Berlin Royalties: Questions to ask
- Breck Minerals, LP
- Caddo Minerals: Questions to Ask Any Mineral Rights Buyer
- EnergyNet.com, LLC / Efficient Markets, LLC: Seller's Agreement for the Sale of Oil and Gas Properties (rev. 2026.07.08)
- Haystack Minerals
- Longhorn Mineral Partners LLC
- Magnolia Minerals Trust, LLC
- Mineral Royalties Group, LLC
- NARO: Mineral Rights & Royalty Owner FAQ
- NARO: Mineral Rights Valuation Guide
- NARO: Mineral Rights vs. Royalties
- Navigator Oil & Minerals, Inc.
- Ohio State University Extension, Farm Office: Mineral Rights: The Underlying Legacy, Part II
- Oklahoma Statutes 52 O.S. § 570.11 (Production Revenue Standards Act)
- Russell T. Rudy Energy, LLC
- Texas A&M Real Estate Center: Mineral Mayhem: Deeds with Omissions (Fambrough)
- Texas A&M Real Estate Center: Mineral Sales by Mail (Fambrough), Tierra Grande pub. 1728
- Texas Natural Resources Code chapter 91, Internet Archive capture of 21 Mar 2023
- Texas Property Code 13.001, Internet Archive capture of 3 Feb 2025
- Texas Property Code 5.151, Internet Archive capture of 2 Jan 2025
- Texas Royalty Brokers
- Uniform Commercial Code § 3-104(e) (LII)
- US Mineral Exchange