When the Deal Falls Apart

Incomplete Real Estate Transactions and Nutrient Management Strategy Approvals

Sometimes the best laid plans get changed before completion. The approvals process must be as flexible as possible to accommodate this fact. Here is a common example, and the procedure to be followed if you or your client find yourself in this situation.

An operation is in the process of purchasing a new property. They need to modify the existing animal housing on the new property and want to start construction as soon as the deal goes through. They know that they will need an approved NMS in order to be granted a building permit for the modifications. A consultant is hired and the NMS is prepared, submitted and approved before the property purchase and sale transaction has been completed.

At the last minute, an agreement cannot be reached between the buyer and the seller of the property. Now the operation has an approved NMS for a property that they do not own and for a facility that they cannot build. The current owner of the property has no intention of modifying the animal housing, therefore the NMS will not be implemented.

If you or your client experiences these circumstances, please contact the Approvals, Certification and Licensing Unit, provide an explanation of the circumstances and request that the NMS approval be revoked. A notice of revocation will be issued to the operation that was granted the approval and both parties can carry on with their businesses as before the approval was granted. A reason for the revocation will be given in the notice (usually a sentence or two) and this reason will be based on the explanation of the circumstances that you have provided.