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Land Use Disclosure Form

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LAND USE DISCLOSURE AND AGREEMENT

Parties and Recitals

This Land Use Disclosure and Agreement (the Agreement) is entered into by and between Owner Name: and Recipient Name: .

WHEREAS, Owner represents that Owner holds an interest in the real property described below and intends to disclose known land use conditions and restrictions to Recipient; and

WHEREAS, Recipient requires accurate information concerning zoning, easements, environmental conditions, and other land use limitations for the purposes of evaluation, development, financing, or conveyance; and

WHEREAS, the parties desire to record such disclosures and to set certain terms for reliance, confidentiality, and remedies as set forth herein.

Property Identification

Land Use Disclosures

Current Zoning Classification:     Applicable Municipal Jurisdiction:

Known easements, rights-of-way, covenants, conditions or restrictions affecting the property (briefly state):

Environmental and physical conditions (check all confirmed conditions):

Scope of Assessment / Scope of Work

Payment Terms (if applicable)

Payment Amount: $     Payment Schedule:

Late Payment Fee: (applies to overdue balances).

Term and Termination

Agreement Effective Date:     Agreement End Date (if any):

Either party may terminate this Agreement for material breach or by providing written notice at least days prior to the intended termination date. Upon termination, obligations that by their nature survive termination shall remain in effect.

Confidentiality

The parties acknowledge that disclosures made under this Agreement may include confidential business, technical, environmental, or legal information. Recipient agrees to (a) hold such information in strict confidence, (b) use the information solely for the evaluation or permitted purpose described in the Scope of Work, and (c) not disclose confidential information to third parties except to employees, consultants, lenders, or advisors with a demonstrated need to know and subject to confidentiality obligations no less protective than those herein. This confidentiality obligation survives termination for a period of three (3) years.

Representations and Warranties

Owner represents that, to Owner's knowledge after reasonable inquiry, the information provided in this disclosure is true and correct as of the date stated below. Owner makes no other express or implied representations or warranties, and Recipient acknowledges that Recipient is responsible for independent verification of material facts, including but not limited to zoning, title, and environmental conditions.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles. Any dispute arising under this Agreement shall be resolved by litigation or arbitration as selected by the prevailing party or as otherwise agreed in writing.

Entire Agreement

This Agreement, together with any attachments, exhibits, or schedules expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written. Any amendment or modification must be in writing and signed by both parties.

Acknowledgment and Certification

By signing below, Owner certifies under penalty of perjury that the information provided in this disclosure is true, accurate, and complete to the best of Owner's knowledge as of the date of signature. Recipient acknowledges receipt of the disclosures and agrees that Recipient has had the opportunity to request additional documentation and to conduct independent due diligence.

Owner / Disclosing Party:

By:

Date:

Recipient / Receiving Party:

By:

Date:

Enter text✕

What the Land Use Disclosure Form Is

Land Use Disclosure Form is a standardized document used in U.S. real estate transactions to disclose how a parcel is currently used, any zoning designations, land-use restrictions, easements, environmental conditions, and intended future uses. Sellers, developers, and municipal authorities use it to inform buyers, lenders, and regulators about matters that could affect value, permitted activities, or financeability, supporting due diligence and permitting processes required for approvals and closing.

Why a Clear Disclosure Matters

A Land Use Disclosure Form clarifies obligations, reduces closing delays, and creates a documented record for due diligence and disputes. Electronic execution is enforceable under ESIGN (15 U.S.C. §7001) and UETA where adopted, subject to statutory exceptions.

Why a Clear Disclosure Matters

Who Typically Prepares and Uses This Form

Parties who prepare or request a Land Use Disclosure Form include buyers, sellers, lenders, municipal planners, and land-use attorneys.

  • Real estate brokers and agents collect disclosures to support buyer due diligence during offer and escrow.
  • Property sellers and developers disclose existing uses, easements, and zoning constraints to prospective purchasers.
  • Lenders and title companies require disclosures to assess collateral and underwriting risk before closing.

Accurate, complete Land Use Disclosure Forms reduce post-closing disputes, speed title searches, and support municipal permitting reviews and lender underwriting.

Essential Elements to Include

A professional Land Use Disclosure Form groups property identifiers, current and permitted uses, legal constraints, environmental notes, and execution details so stakeholders can evaluate risk, compliance, and financing implications quickly.

Property ID

Provide street address, assessor parcel number (APN), lot and block or plat reference, and any alternate site identifiers. Accurate IDs are essential for title searches, tax matching, and permit linkage.

Legal Description

Include the recorded legal description from the deed or plat, including metes and bounds where applicable. Inaccurate descriptions can delay recording and complicate boundary disputes.

Current Use

Describe present land uses specifically (residential, commercial, agricultural) and note active leases, occupancy, or temporary site uses that may affect valuation or permitting.

Zoning & Restrictions

List zoning designation, overlay districts, density limits, height restrictions, conditional use permits, and known covenants, conditions, and restrictions (CC&Rs) that limit permitted activities.

Environmental

Disclose known environmental conditions, past contamination, wetlands, floodplain status, and ongoing remediation. Attach Phase I/II reports or notices when available.

Signatures

Include printed names, titles, dates, and signature blocks for each party. Add notarization or witness fields where state law or recording requirements demand them.

Required Information Snapshot

Property Address: Full street address with ZIP
Parcel Number: County APN or tax ID
Zoning Code: Official municipal zoning
Easements: Brief easement summary
Environmental Notes: Known hazards or disclosures
Signatory Details: Printed name, title, date

Step-by-Step Completion and Distribution

A small, repeatable workflow helps ensure the Land Use Disclosure Form is accurate, reviewed, and routed to the right parties before closing or filing.

  • 01
    Gather Documents: Collect deed, plat, environmental reports, and zoning notices.
  • 02
    Complete Form: Enter property details, uses, restrictions, and attach exhibits.
  • 03
    Review: Have counsel or title company verify accuracy and completeness.
  • 04
    Execute: Sign, notarize if needed, and distribute executed copies to stakeholders.

Online Form Configuration Tips

When converting the form to an online workflow, set validation, attachments, and signer authentication to match legal and lender requirements.

Field Field Name | Configuration
Property Address Required | Single-line text with address validation
Parcel/APN Required | Regex validation, no dashes
Attachments Optional | Allow PDF uploads, max 10 MB
Signer Auth Recommended | Email + SMS code or KBA

Where Completed Forms Are Sent

Common routing destinations and methods for completed Land Use Disclosure Forms, depending on transaction and permit needs.

  • Title Company: Deliver executed copy to title for escrow and closing.
  • Lender: Provide disclosure to lender for underwriting and collateral review.
  • Municipal Planner: Submit to local planning department with permit or variance applications.
  • County Recorder: Record attachments or referenced instruments when required by law.

Technical Requirements for eSubmission and Signing

Electronic submission and eSigning require platforms that support PDF, authentication, audit trails, and secure storage to meet legal and lender requirements.

  • File Formats: PDF and DOCX accepted
  • Authentication: Email, SMS code, or KBA
  • Integrations: Title, lender, and storage systems

Time-Sensitive Moments to Watch

Deadlines for delivering, reviewing, and retaining Land Use Disclosure Forms vary by transaction stage and municipal filing rules.

At Offer or Contract:

Provide initial disclosure when executing purchase agreement.

During Due Diligence:

Deliver supporting reports prior to inspection contingency deadlines.

Before Closing:

Final executed disclosure must be available for closing and escrow.

Permit Applications:

Include form with municipal permit or zoning variance filings.

Recording Timeline:

Attach and record instruments as required by county recorder.

Key Transaction Milestones

A sequential view of milestones stakeholders typically follow from preparation through recordation of land-use disclosures.

01

Drafting

Assemble data and supporting exhibits before listing or application.

02

Delivery to Buyer

Provide completed disclosure when offer or contract is executed.

03

Review & Objections

Allow due diligence period for buyer, lender, and municipal review.

04

Closing & Recording

Finalize signatures, notarize if required, and record attachments as necessary.

Common Mistakes to Avoid

  • Incomplete legal descriptions or incorrect parcel identifiers that misalign with county records, delaying title searches and recording.
  • Failing to disclose easements, leases, or encumbrances that materially affect permitted uses, which can lead to post-closing disputes or lender denial.
  • Using vague descriptions like 'commercial use' without zoning code or permit references, which hinders municipal and lender reviews.
  • Omitting environmental disclosures or failing to attach remediation reports when known, risking lender conditions or regulatory enforcement.

Penalties and Legal Risks

Contract Liability: Breach damages possible
Title Defects: Title insurance claims and delays
Regulatory Fines: Municipal penalties for noncompliance
Loan Denial: Lender may refuse funding
Recording Rejection: County may refuse recordation
Fraud Liability: Intentionally false disclosure risks civil penalties

Who Has Authority to Sign

Property Owner

Property Owner — An individual or entity holding title who completes disclosures about current property use, encumbrances, and known defects. Owners must ensure accuracy to avoid post-closing liability and to satisfy lender and municipal requirements.

Authorized Agent

Authorized Agent — A property manager, attorney, or corporate officer signing on behalf of the owner. The agent must have documented authority (power of attorney or corporate resolution); otherwise, signature validity and transfer instruments may be contested.

Practical Examples from Transactions

These examples illustrate how digitized disclosure workflows helped expedite approvals and reduced administrative friction in real estate transactions.

Martin Properties

Martin Properties used digital execution to process land-use disclosures across several sales and leasing matters.

  • Saved in-person notarization time and coordination.
  • Centralized signed disclosures and attachments reduced administrative backlog, improved coordination with title companies and lenders, and created a clear audit trail for permitting and compliance reviews.

Optica Ventures LLC

Optica Ventures streamlined customer-facing forms to ensure consistent disclosures across multiple properties.

  • Interface remained easy for end users.
  • Consistent formatting and executed disclosures reduced follow-up questions, accelerated escrow closing timelines, and simplified records retention for future due diligence and audits.

Frequently Asked Questions

Answers to common questions about completing, signing, and filing the Land Use Disclosure Form, including electronic execution and retention considerations.


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