Farm business

“Let the buyer beware” doctrine applies to real estate sales in Ohio

Written by Peggy Kirk Hall, Attorney and Director, Agricultural & Resource Law Program

“Do your due diligence” is the lesson learned from a recent Ohio appeals court decision in a case alleging that a seller fraudulently induced a buyer in a real estate transaction. The Seventh District Court of Appeals rejected the buyer’s claim, stating that the doctrine of caveat emptor or “let the buyer beware” negated the fraudulent inducement argument because it placed a duty on the buyer to examine all “conditions open to observation.”  The court reasoned that the buyer could not blame the seller for fraud because the buyer had the duty to examine public records that provided accurate information about the property.

The case

The conflict arose from the purchase of 143 acres of land in Belmont County, negotiated by two attorneys representing the parties.  The buyer was present throughout the negotiations and read all of the e-mail correspondences between the two attorneys.  The parties agreed to a purchase agreement, the buyer ordered a title search for the property, and the purchase took place.  The buyer later learned, however, that a third party held an easement and right-of-way on the property.  The easement allowed surface activities such as locating pipelines and well pads and restricted some development activities by the buyer. Continue reading “Let the buyer beware” doctrine applies to real estate sales in Ohio →

Ohio Crop Returns Outlook for 2025

Written by Barry Ward, Leader, Production Business Management

Lower crop prices and a mix of higher and lower input costs have set the stage for another challenging profit outlook for Ohio commodity crops in 2025. Supply and demand fundamentals have both continued to negatively affect commodity crop prices. Some input costs are projected to be higher while some are expected to be steady to lower. The result of this set of economic fundamentals is an outlook for low to negative margins for the 2025 corn, soybean and wheat crops.

Production costs for Ohio field crops are forecast to be steady to slightly higher than last year with higher machinery and equipment costs leading the way. Lower crop protection chemical prices are offset by an expected increase in product need. Fuel and crop insurance costs are also projected to be slightly lower but land rents continue to increase on average.

Variable costs for corn in Ohio for 2025 are projected to range from $502 to $614 per acre depending on land productivity. The trend line corn yield (190.1 bpa) scenario included in the corn enterprise budget shows an increase in variable costs of 2.4% with an increase in fixed costs of 3.4% due to higher rents and machinery/equipment costs.

Variable costs for 2025 Ohio soybeans are projected to range from $264 to $298 per acre. Variable costs for trend-line soybeans (56.8 bpa) are expected to decrease 2% in 2025 compared to 2024 while fixed costs are expected to increase 2.9% in 2025. Continue reading Ohio Crop Returns Outlook for 2025 →

The 3rd Annual Cultivating Connections Conference Returns

Written by Robert Moore

We’re excited to announce the 3rd Annual Cultivating Connections Conference, a joint effort between Ohio State University and Iowa State University. This unique event brings together professionals who are dedicated to the critical work of farm transition planning. Whether you are an attorney, accountant, financial advisor, or educator, this conference is designed to provide you with the tools, insights, and connections you need to support farm families as they plan for the future.

The conference will be held at the FFA Enrichment Center in Ankeny, Iowa. In-person registration is $325, and a virtual attendance option is available for $299. The event will take place over two days and will feature a variety of sessions focused on the legal, financial, and family dynamics of transitioning agricultural operations to the next generation.

This year’s agenda features presentations on new legal tools for the farm transition, counseling farm families through succession planning, and understanding how farm program payments impact the transition plan. Additional sessions will include a 2025 tax update for the farm transition, long-term care planning, and a discussion on the concept of fairness versus equality in farm debt. The second day of the conference will provide real-world case studies.

The Cultivating Connections Conference is more than just a learning event. It is a forum for building relationships, exchanging ideas, and strengthening the professional community dedicated to preserving the legacy and sustainability of family farms. Whether you are just entering the field or have years of experience, we invite you to join us for this important event. Come to gain valuable knowledge, share your own insights, and connect with others who are committed to helping farm families succeed across generations.

Registration is now open at: https://www.regcytes.extension.iastate.edu/cultivating/

For questions, contact Robert Moore at moore.301@osu.edu .

Considerations When Using the Prevented Planting Option

By: Eric Richer, Associate Professor and Field Specialist, Farm Management, OSU Extension; Carl Zulauf, Professor Emeritus, OSU Department of Agricultural, Environmental, and Development Economics; and Aaron Wilson, Assistant Professor and Field Specialist, Ag Weather and Climate, OSU Extension

According to the May 27 Crop Progress Report by USDA National Ag Statistics Service, Ohio had only 54% of corn planted, well behind the 5-year average of 73% planted. In 2024, 74% was planted by this report date. In 2019, a year with significant planting delay, only 22% of the corn had been planted by this report date. In that year, the wettest spring conditions were confined to northwest Ohio. In contrast, much more of the state has received well above average precipitation in 2025, with areas near the Ohio River and northeast Ohio seeing the largest difference compared to normal.

The lag in corn planting progress this year has prompted increasing interest in evaluating the Prevented Planting option available through multi-peril crop insurance. The purpose of this article is to walk through the options, mechanics, and economics of electing prevented planting for your corn crop utilizing 2025 values.

We are not crop insurance agents, so our most important message is that for those thinking about prevented planting talk sooner rather than later with your insurance agent.

In Ohio, June 5 is the date at which prevented planting becomes an electable option.  For soybeans, the date is June 20.

As of June 5, a farmer who has individual farm yield (YP) and revenue (RP and RP-HPE) insurance for corn has 3 basic options: Continue reading Considerations When Using the Prevented Planting Option →

Income Tax Schools at The Ohio State University Summer Tax School 2025

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

Income Tax Schools at The Ohio State University Announces Summer Income Tax School Webinar
Barry Ward & Jeff Lewis, OSU Income Tax Schools

An “Update on Current Tax Issues and Law Changes” along with a section on “Taxpayers in Trouble” are the focus of the upcoming Summer Tax School Webinar featured by Income Tax Schools at The Ohio State University.

This webinar is scheduled for August 11th and registration is now open. The registration page can be accessed at: go.osu.edu/summertaxschool.

This Summer Tax School is designed to update tax preparers about current tax issues, new law changes and tax legislation. This school will also include a section on working with “taxpayers in trouble”. Continue reading Income Tax Schools at The Ohio State University Summer Tax School 2025 →

Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift

Written by Jeffrey K. Lewis, Esq., Legal Associate, Agricultural and Resource Law Program, Income Tax Schools

The classification of workers as either independent contractors or employees has once again become a focal point of federal labor policy, reflecting the broader ideological shifts that accompany changes in presidential administrations. With the transition to new leadership in the White House, the U.S. Department of Labor (“DOL”) has issued new guidance that redefines the criteria used to determine worker status. This latest interpretation marks a departure from the 2024 Democratic rule (the “2024 Rule”), instead embracing a model more consistent with prior Republican approaches. The change has significant ripple effects for employers and workers as it influences everything from wage protections to benefits eligibility and legal liability.

On May 1, 2025, the DOL’s Wage and Hour Division (“WHD”) issued Field Assistance Bulletin No. 2025-1(the “2025 Bulletin”), offering updated guidance on how to assess whether a worker qualifies as an employee or independent contractor under the Fair Labor Standards Act (“FLSA”).

The 2025 Bulletin explicitly states that the WHD will no longer apply the analytical framework established by the 2024 Rule when evaluating worker classification under the FLSA. Instead, the WHD will rely on the standards set forth in Fact Sheet #13 (July 2008) and Opinion Letter FLSA2019-6 (referred to as the “2008 Guidance” and “2019 Guidance,” respectively). However, the 2025 Bulletin clarifies that the 2024 Rule remains applicable in the context of private litigation. Continue reading Employee or Independent Contractor? Department of Labor’s Latest Guidance Signals Policy Shift →

2024 Farm Commodity Program Payment Estimates for Ohio Counties as of May 2025

Authored by: Carl Zulauf, Seungki Lee, and David Marrison, Ohio State University, May 2025

Click here for PDF version of this paper

This paper provides estimates of expected payments by the ARC-CO (Agriculture Risk Coverage – County version) and PLC (Price Loss Coverage) commodity programs for the 2024 crop year.

Official payment rates are expected in October 2025.  They can deviate notably from estimates as final prices and yields are yet known.  Prices and yields, particularly for ARC-CO, are in a range where small changes can cause large changes in payment rates.  Use the estimates with caution.

The estimates use 2024 crop year program parameters from USDA, FSA (US Department of Agriculture, Farm Service Agency), and latest available data for 2024 market year price estimates from USDA, FSA and county yield estimates from USDA, NASS (National Agricultural Statistics Service).

May 2025 Estimates of 2024 Crop Year Payments: Continue reading 2024 Farm Commodity Program Payment Estimates for Ohio Counties as of May 2025 →

How Do We Pay for Long-Term Care Without Losing the Farm?

Written by Robert Moore

I recently received this question from a farm family. It’s one of the most common — and important — questions farm families ask when thinking about the future. Long-term care (LTC) is expensive, unpredictable, and often not covered by programs like Medicare. For farmers who’ve spent a lifetime building an operation and want to pass it on, the rising costs of LTC present a real financial risk to the land, the farm business, and the legacy. The following is a brief discussion on LTC costs and strategies.

The Growing Risk of Long-Term Care

Once upon a time, estate taxes were the biggest financial threat to the family farm. Today, that’s no longer the case. With higher federal estate tax exemptions, few farms owe estate taxes anymore. The real financial threat now? LTC costs.

LTC includes a wide range of services — from home-based personal care to skilled nursing facility stays — and most of it isn’t covered by Medicare. These services help people with chronic illness, disability, or aging-related conditions. For example, assistance with dressing, bathing, eating, or even just getting around. Care might start at home and eventually move to a facility. Costs vary by setting and service, but they add up quickly.

Here are a few important facts to help understand the implications of LTC on farming operations:

  • 69% of people over 65 will need some form of LTC.
  • Average LTC lasts 3 about years, with women needing slightly more (3.7 years) than men (2.2 years).
  • 20% of people will need care for more than 5 years — these are the “outliers” most likely to face LTC costs that can jeopardize the farm.
  • In Ohio, a year in a nursing home will cost around $100,000 or more.
  • For a farm couple, those numbers can double — and the risk of outliving income and savings increases.

Continue reading How Do We Pay for Long-Term Care Without Losing the Farm? →

Introducing FARMS: A Comprehensive Tool for Farm Transition Planning

By: Robert Moore

Farm transition planning is an essential process for agricultural operations. However, identifying and tracking assets and resources and preparing for transition planning can present significant challenges for farm families. To assist with these tasks, Ohio State University Extension has developed the Farm Asset and Resource Management Spreadsheet (FARMS), designed to provide a structured approach to organizing farm transition information.

What is FARMS?

FARMS is an Excel-based resource designed to support farm families and agricultural professionals in collecting and systematically organizing all necessary information related to farm transition planning. Whether at the preliminary stage or already engaged in detailed succession planning, FARMS enables users to input and manage varying levels of data effectively.  See example screenshots below for further explanation. Continue reading Introducing FARMS: A Comprehensive Tool for Farm Transition Planning →

Enforcement of the Corporate Transparency Act: To Be or Not To Be?

By:Jeffrey K. Lewis, Esq., Program Coordinator, Income Tax Schools Friday, March 21st, 2025

Today is the day! March 21, 2025, serves as the deadline for most businesses to report their beneficial ownership information (“BOI”) under the Corporate Transparency Act (“CTA”). But not so fast! While the prior statement is technically accurate, the situation has been complicated by statements and assurances from the U.S. Department of Treasury and the Financial Crimes Enforcement Network (“FinCEN”). Here’s why.

March 21 Deadline
Over the past few months, we have closely followed and analyzed the ongoing developments surrounding the CTA in our blog posts. This ever-evolving saga has included nationwide injunctions and stays—both imposed and lifted—as well as multiple extensions of the BOI reporting deadline. You can review our previous posts here: Continue reading Enforcement of the Corporate Transparency Act: To Be or Not To Be? →