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Evaluating an Offer to Purchase Oil and Gas Rights

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Managing Attorney, 1LAW · Last reviewed February 1, 2026

Legal Inquiry

Consumer Legal Issue

This company called a mineral-rights buyer in West Virginia got in touch with me about some oil and gas rights I own and wanted to by them from me.

Attorney Answer

Before responding to an unsolicited offer to buy your oil and gas rights, the first thing to pin down is whether the company is proposing to buy your rights outright or to lease them — these are very different deals and shouldn't be evaluated as if they're the same offer.

Selling your mineral or royalty rights outright permanently transfers ownership in exchange for a lump-sum payment. Leasing lets you keep ownership of the rights while granting a company permission to drill in exchange for an upfront bonus payment plus ongoing royalty payments as oil or gas is produced. As a general matter, unsolicited purchase offers on severed mineral estates are frequently priced well below the rights' actual value, so getting an independent valuation or having a title or mineral-rights attorney review the offer before you sign anything is the key protective step.

What you can do:

1. Determine whether the offer is a purchase (permanent transfer) or a lease (bonus plus ongoing royalty) before evaluating the price.

2. Get an independent valuation of your mineral or royalty interest, or have a title/mineral-rights attorney review the offer, before signing anything.

3. Confirm the purchasing company's identity and legitimacy as a real, registered business before engaging further.

4. Get any offer in writing and avoid making any verbal commitment or agreement over the phone.

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Courts & Legal Aid in West Virginia

Frequently Asked Questions

What's the difference between selling and leasing mineral rights?

Selling permanently transfers ownership for a lump sum, while leasing lets the owner keep the rights while granting drilling permission in exchange for an upfront bonus plus ongoing royalties.

Are unsolicited offers to buy mineral rights usually fair market value?

Generally, unsolicited purchase offers on mineral or royalty interests are often priced well below actual value, so getting an independent valuation before responding is commonly recommended.

What should someone do before signing anything in response to a mineral rights offer?

Generally, it helps to confirm the offering company's legitimacy, get the offer in writing, and have a title or mineral-rights attorney review the terms before signing or verbally agreeing to anything.

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