FACTS:

A seller owned 2.5 acres of land, zoned R-43. She listed the land for sale and went under contract. During escrow, the buyer’s agent insisted that the seller had to sign the Vacant Land/Lot Purchase Contract Addendum Regarding Subdivided or Unsubdivided Land (“Addendum”).

ISSUE:

Does the seller have to use the Addendum when selling her 2.5 acre parcel?

ANSWER:

No.

DISCUSSION:

The Addendum coversheet explains.

This addendum should be executed in any transaction in which the seller:

1. Has divided the property into six or more lots, parcels, or fractional interests;
2. Owns or will own six or more lots, parcels, or fractional interests in a subdivision;
3. Has caused the property to be divided into 6 or more lots, parcels, or fractional interests for the subdivider or for others.

Here, the property can be split, at most, into two lots because of the R-43 zoning (One dwelling per 43,560 sf). Moreover, the subject transaction involves a single lot, not multiple lots. Therefore, because the seller does not fall under a requirement listed above, the Addendum does not need to be executed.