Real Estate Plantings Addendum
What the Real Estate Plantings Addendum Is
Why a Plantings Addendum Matters in Transactions
A Plantings Addendum reduces ambiguity at closing by specifying who pays for plantings, who maintains them, and what remedies apply for breach. It supports escrow disbursements tied to completion, documents warranty periods, and limits later disagreements about responsibility and cost allocation.
Who Commonly Uses a Plantings Addendum
Real estate brokers, property managers, buyers, sellers, and landlords commonly use a Plantings Addendum to assign landscaping and maintenance duties before closing or lease start.
- Residential buyers and sellers who need to allocate planting and replacement costs during closing.
- Property managers and landlords arranging tenant maintenance, irrigation, landscaping schedules, and billing for services.
- Developers and HOAs documenting common-area plantings, warranty terms, and vendor responsibilities for future maintenance.
Including this document in transaction packets helps realign expectations, clarifies contractor duties, and reduces the need for later corrective actions or escrow disputes.
Step-by-Step: Preparing and Executing the Addendum
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01Confirm Scope: List plant types, quantities, sizes, and exact locations.
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02Assign Responsibility: Specify who performs and who pays for planting and maintenance.
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03Set Timeline: Define planting, inspection, and replacement deadlines clearly.
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04Sign and File: Obtain all signatures, notarize if required, and attach to contract.
Configuring a Digital Workflow for the Addendum
| Field | Configuration |
|---|---|
| Signer Order | Owner then tenant; parallel signing allowed if mutually agreed. |
| Authentication | Email link by default; use SMS code or KBA for higher assurance. |
| Notary Integration | Enable RON or route to in-person notary when notarization is required. |
| Retention Setting | Save signed PDF and audit trail for the applicable retention period. |
Where to Send and How to Route the Executed Addendum
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Prepare Document: Attach addendum to the main contract and verify all fields.
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Send to Signers: Distribute via secure signing link or email for signature.
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Notary Step: Route to notary or initiate a RON session when needed.
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Record or Store: Attach to closing package and record with county recorder if required.
Technical Requirements for eSubmission and Storage
Choose a platform that supports PDF and DOCX input/output, tamper-evident signed PDFs, remote notarization, and a detailed audit trail.
- File Formats: PDF and DOCX with PDF/A export for archiving.
- Integrations: Salesforce, NetSuite, Google Workspace and common storage systems.
- Authentication: Email, SMS code, KBA, or advanced signer authentication.
Practical Notarization and Witness Steps
Prepare Signatures
Confirm all signature blocks are ready prior to notary engagement.
Sign Before Notary
Signers must appear in person or begin a RON session per state rules.
Provide ID
Present government-issued identification for identity proofing.
Witnesses Present
If state law requires witnesses, ensure they sign and date.
Notary Acknowledgement
Notary completes the acknowledgment and records a journal entry.
AV Recording
For RON, retain audio-video recording per state retention rules.
Attach Addendum
Include the notarized addendum with the closing package.
Record If Required
File with the county recorder only when required by local rules.
Key Timeline Dates Commonly Included in the Addendum
Effective Date:
The date parties agree; enter as MM/DD/YYYY.
Planting Deadline:
Specify exact date or season, for example within 90 days of closing.
Inspection Period:
Allow a defined window for inspection and punch-list corrections.
Replacement Warranty:
State warranty duration and conditions for replacement obligations.
Escrow Release:
Tie escrow disbursement to planting completion and inspection approval.
Common Risks and Penalties for Incorrect or Missing Provisions
Comparing eSignature Vendors for This Addendum
| 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 | Varies | Varies | Varies |
| Bulk Send | Yes | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
Real-World Examples of Using a Plantings Addendum
Martin Properties
Martin Properties standardized a plantings addendum across leasing and sale transactions to assign maintenance duties and clear cost responsibilities.
- Cut post-closing disputes and contractor ambiguity.
- Tim Martin said, "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently."
Optica Ventures LLC
Optica Ventures used the addendum to document landscape warranties and contractor responsibilities on multiple acquisitions to ensure consistent handoffs.
- Improved contractor accountability and warranty tracking.
- Brian Fitzgibbons noted the interface is simple and easy to use for teams and customers, reducing follow-ups after signing.
Frequently Asked Questions
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Is a signed addendum legally binding?
Yes when executed to satisfy ESIGN (15 U.S.C. ch. 96, 2000) and applicable state UETA rules. The signature must show intent to sign, consent to electronic records, attribution to the signer, and capability to retain or reproduce the record for legal enforceability.
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Does the addendum require notarization?
Not always. Notarization is required only if local recording, self-proving acknowledgment, or specific state rules demand it. Check county recorder and state notary requirements before execution; recording needs are jurisdiction-specific and can drive notary necessity.
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Can parties e-sign the addendum remotely?
Yes. ESIGN and UETA permit electronic signatures for most agreements. If notarization is required, many states accept Remote Online Notarization (RON) subject to identity proofing, audio-video recording, and state-specific retention rules.
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Who must sign the addendum?
Authorized parties with legal authority to bind the property—typically the seller, buyer, landlord, tenant, or designated property manager. For corporate parties, signers should have authority via resolution; for trusts or estates, follow trustee or executor signing rules.
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How do you amend or revoke the addendum?
Amendments or revocations require the parties' mutual written agreement, signed and dated in the same manner as the original. If the original was recorded, file and record the amendment or release per local recorder procedures.
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How long should signed copies be retained?
Keep signed originals for the agreement term plus at least three years; IRS financial records minimum is 3 years (IRC §6501(a)). For healthcare-related records, follow HIPAA retention of six years (45 CFR §164.530(j)). State variations may require longer retention.