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Real Estate Plantings

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REAL ESTATE PLANTINGS

Parties and Property Identification

Property Owner:

Planting Contractor / Installer:

Effective Date and Recitals

Effective Date:

This Real Estate Plantings Agreement (Agreement) is entered into by and between the Property Owner and the Contractor identified above. Contractor shall furnish all labor, materials, equipment, permits and supervision necessary to perform the plantings set forth in the Scope of Work below at the Property in accordance with the terms, warranties, and specifications contained in this Agreement.

Scope of Work and Plant Schedule

Contractor shall install plant materials in the locations and to the standards specified. Contractor shall coordinate layout with Owner prior to planting. A planting schedule follows; additional sheets may be attached and are incorporated by reference.

Materials, Standards, and Permits

All plant materials shall be nursery-grown, true to name, free of disease and pests, and conform to the size and quality specified in the Plant Schedule. Plants shall be installed per industry standards and local code. Contractor shall obtain and pay for all necessary permits unless otherwise agreed in writing.

Irrigation and Watering

Contractor shall install and/or make connections to existing irrigation systems as specified. Contractor warrants irrigation components for the initial maintenance period specified below and shall provide written irrigation as-built diagrams on completion.

Disclosures

The parties disclose the following known conditions at the Property. Contractor's performance is contingent upon accurate disclosure of subsurface conditions and environmental restrictions.

Lead-based paint present: Yes    No

Evidence of mold or prior structural damage affecting plantings: Yes    No

Protected plant or tree species on site: Yes    No

Schedule, Acceptance, and Completion

Planting Commencement Date:    Estimated Completion Date:

Upon substantial completion Contractor shall notify Owner in writing. Owner shall inspect within days. Failure to issue written punch list within that period shall constitute acceptance, except for latent defects or warranty claims.

Warranty, Survival and Replacement

Contractor warrants that plant materials furnished and installed under this Agreement shall be healthy, true to species, and free of defects at the time of installation. Contractor shall replace, at its expense, any plant material that fails to survive during the warranty period of years from the date of acceptance, subject to Owner's compliance with watering and maintenance obligations described below. Replacement obligation excludes damage caused by vandalism, acts of God, or owner-initiated alterations.

Maintenance and Owner Obligations

Contractor shall provide initial maintenance for a period of months following acceptance, including scheduled visits, pruning, fertilization and irrigation adjustments as required. Thereafter Owner shall assume routine maintenance. Failure of Owner to maintain irrigation or follow care instructions shall relieve Contractor of replacement obligations for plant failures resulting from neglect.

Compensation and Payment Terms

Late payments shall incur interest at a rate of % per annum, or the maximum lawful rate if lower. Contractor may suspend work for nonpayment after seven (7) days written notice.

Insurance, Indemnity and Lien Waivers

Contractor shall maintain commercial general liability insurance, workers' compensation, and automobile liability coverage in amounts customary for landscaping and planting contractors and shall furnish certificates evidencing such insurance upon request. Contractor shall indemnify and defend Owner from claims arising from Contractor's negligence in performance of the Plantings. Contractor shall furnish conditional and final lien waivers upon receipt of payment.

Default, Remedies and Termination

Material breach by either party shall permit the non-breaching party to provide written notice and a reasonable opportunity to cure. If cure is not completed within thirty (30) days after notice (or sooner if cure cannot be completed within thirty days and party fails to commence cure within the period), the non-breaching party may terminate and seek damages, specific performance, or other legal relief. Contractor reserves the right to record and enforce mechanics' liens to secure unpaid compensation where permitted by law, subject to providing Owner notice and opportunity to cure.

Governing Law and Entire Agreement

This Agreement shall be governed by the laws of the state in which the Property is located. This Agreement, together with referenced attachments and any issued permits, constitutes the entire agreement between the parties with respect to the plantings and supersedes all prior negotiations and representations. Amendments must be in writing and signed by both parties.

Acceptance and Final Inspection

Inspection Date:

Property Owner:

By:

Date:

Contractor / Installer:

By:

Date:

Enter text✕

What Real Estate Plantings Documents Cover

A Real Estate Plantings document lists vegetation, trees, shrubs, and landscape installations associated with a parcel and records who owns, installs, maintains, or replaces them. It clarifies whether plantings are fixtures that transfer with title or removable personal property, and typically includes species, quantities, locations, planting dates, and maintenance responsibilities. The document is commonly attached to purchase agreements, leases, easements, HOA disclosures, or closing packets to reduce ambiguity and support title, permitting, and warranty obligations.

Why a Clear Plantings Schedule Matters

A detailed planting schedule reduces disputes about ownership, maintenance duties, and valuation, supports permit and HOA compliance, and helps lenders and title companies verify collateral. It creates a documented baseline for warranty claims and replacement obligations.

Why a Clear Plantings Schedule Matters

Who typically prepares and relies on Real Estate Plantings

Multiple parties use the document to confirm landscape assets and responsibilities during transactions and property management.

  • Real estate agents and brokers: Include plantings in sale disclosures and property listings to show included fixtures and upkeep expectations.
  • Buyers and sellers: Use the schedule to negotiate repair, replacement, or credit for landscaping items during closing.
  • Property managers and HOAs: Track common-area plantings, maintenance obligations, and covenant compliance in lease or association records.

Roles may expand to include surveyors, landscape contractors, lenders, and title agents depending on permit, warranty, or loan conditions.

Essential elements of a professional Real Estate Plantings document

A complete document groups descriptive, legal, and operational details so parties can identify items, enforce maintenance, and record transfer terms.

Plant inventory

A species-by-species list with common and botanical names, counts, sizes (e.g., 2" caliper), and planting locations tied to the property map or parcel description.

Site map

A labeled diagram or survey excerpt showing tree and planting locations, distances from structures/property lines, and reference points for future inspection.

Ownership clause

Clear language stating whether plantings are fixtures that convey with title or removable personal property subject to removal deadlines.

Maintenance obligations

Who must water, prune, replace, and pay for upkeep, including schedules, seasonal tasks, and standards of care.

Warranties & replacements

Any nursery or contractor warranties, replacement timelines for failed specimens, and cost allocation for replacements.

Permits and compliance

Reference to required municipal permits, tree-protection zones, or species restrictions and who is responsible for obtaining permits.

Step-by-step: preparing and finalizing the Plantings schedule

Follow these steps to produce a clear, enforceable plantings document for a property transaction or lease.

  • 01
    Gather evidence: Collect invoices, nursery labels, and photos for each planting.
  • 02
    Create inventory: List species, sizes, locations, and warranty details.
  • 03
    Attach map: Include a labeled site plan or survey excerpt.
  • 04
    Review and sign: Have all parties approve, sign, and date the finalized document.

Typical online workflow settings for document completion

Configure the digital workflow so fields, authentication, and storage meet transaction and compliance needs.

Field Configuration
File format Accept PDF or DOCX for preservation and redaction.
Signature order Set signer sequence: seller then buyer then manager.
Authentication Use email or SMS code; increase strength for lenders.
Storage location Archive in encrypted cloud storage with access controls.

Digital signing and technical requirements

Use a platform that produces tamper-evident signed PDFs, retains an audit trail, and supports commonly used file formats.

  • Supported formats: PDF, DOCX, Excel
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Security standards: AES-256 at rest

Ensure the provider supports ESIGN/UETA compliance, optional HIPAA BAA where health data is involved, and features such as audit logs, conditional fields, and SSO for enterprise access control.

Where the signed Plantings form typically goes next

After signing, route copies to stakeholders and store the executed form where it is discoverable during closing and post-closing management.

  • Send to title: Provide to title company for closing package.
  • Deliver to lender: Include when requested for collateral review.
  • Share with HOA: Supply association for common-area coordination.
  • Archive securely: Retain in encrypted document management.

Timing considerations and common deadlines

Real Estate Plantings timing varies by transaction stage; observe inspection, disclosure, and closing timeframes.

Provision with offer:

Include planting list when submitting the purchase offer if material to price.

Inspection period:

Provide access for buyer inspections within agreed inspection window.

Pre-closing fixes:

Schedule required replacements before closing date.

Recording & deed:

Planting schedules are usually not recorded, but related easements may be.

Warranty timelines:

Observe nursery or contractor warranty periods specified in the document.

Key milestones from draft to recorded obligations

Track these sequential milestones to ensure plantings are preserved or transferred according to agreement terms.

01

Draft prepared

Create inventory and attach map before negotiation begins.

02

Review and negotiate

Parties confirm included items and maintenance obligations.

03

Execution

All parties sign; use e-signature or notarization if required.

04

Post-closing follow-up

Arrange required replacements, inspections, or permit compliance after closing.

Common preparation errors to avoid

  • Failing to distinguish fixtures from personal property creates post-closing ownership disputes and rework.
  • Omitting species or size details leads to mismatched expectations and improper replacements.
  • Lack of a marked site map causes unclear locations and subsequent boundary disagreements.
  • Not documenting maintenance responsibilities results in neglected plantings and contested repair costs.

Consequences of incomplete or incorrect Plantings documents

Title ambiguity: May impair marketable title
Closing delays: Lender or title objections can postpone closing
Contract disputes: Leads to litigation or settlement costs
Permit fines: Municipal penalties for noncompliance
Warranty loss: Unclear records can void warranties
Replacement costs: Unexpected expenses for failed plantings

eSignature vendor comparison for signing and distributing Plantings documents

Pricing and feature availability vary; signNow is listed first for direct comparison. Verify each vendor plan for enterprise features and compliance add-ons.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Frequently asked questions about Real Estate Plantings

Answers to common questions about validity, signatures, notary needs, and post-closing changes.


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