During a sale

Preparing a contract

All timber should be sold by written contract, a legally binding document that protects both buyer and seller. One of the most important elements in a timber sale contract is a verification of the seller’s legal ownership of the timber to be sold and its freedom from liens or other encumbrances. The contract should also contain the following:

• A description of the timber to be sold, including number of trees, if known

• The selling price

• Terms of payment

• How the trees to be harvested are marked (orange paint, etc.)

• Time allowed to cut and remove timber

Other special provisions may include: the location of log landings, roads, and skid trails; conditions under which logging will not be permitted; protection of residual timber and other property; a procedure for settling disputes, responsibility for wildfire suppression, disposal of litter, subcontracting, and Best Management Practices (BMPs) including erosion control measures such as construction of water bars and re-vegetation of roads, trails, and log landings.

The seller should include any other important conditions in the contract; however, additional stipulations, if too restrictive, can reduce the interest in the sale.

Most professional foresters can furnish sample timber sale contracts. The next unit of this web-based activity deals specifically with timber sale contracts.