Vacant Land Disclosure Requirements Information
Vacant land disclosures should include: zoning and land use (the current zoning designation and the permitted uses), environmental conditions (wetlands, endangered species habitat, contamination, and environmental restrictions), flood zone status (whether the property is in a FEMA flood zone; flood insurance requirements), utility availability (whether water, sewer, electric, and natural gas are available at the property; the cost of connection), access (whether the property has legal access to a public road; if landlocked, an easement may be needed), impact fees (the estimated impact fees for development; these can be substantial), and concurrency (whether the local infrastructure: roads, schools, and utilities can support the proposed development). Specific Florida disclosures: radon (§404.056(5): required in every contract), coastal erosion (§689.261: for coastal properties), and HOA membership (§720.401: if the property is within an HOA community).
Florida Legal Definition
Vacant land disclosures in Florida are governed by: the Johnson v. Davis doctrine (seller must disclose known material defects), Florida-specific statutory disclosures, and the purchase contract terms. Under Florida practice: the seller should disclose: all known environmental conditions (wetlands, contamination, and protected species), the zoning and land use restrictions (the permitted uses and density), the flood zone status (FEMA flood zone designation), the availability of utilities (water, sewer, electric), and any known development restrictions (setbacks, height limits, and building restrictions). Under §689.261: sellers of coastal property must disclose the property's vulnerability to erosion and the state's claim to land below the mean high water line.
How It's Used in Practice
Attorneys advise on vacant land disclosures for buyers and sellers. For sellers, the attorney: prepares comprehensive disclosures (addressing: zoning, environmental, flood zone, utilities, and access), ensures compliance with statutory disclosures (radon, coastal erosion, and HOA), and documents the disclosures in writing (protecting the seller from future claims). For buyers, the attorney: conducts extensive due diligence (zoning research, environmental assessment, flood zone verification, and utility availability inquiry), evaluates the development potential (confirming the property can support the buyer's intended use), and includes contingencies in the contract (zoning contingency, environmental contingency, and utility availability). The attorney advises: vacant land carries greater risk than improved property; buyers must conduct thorough due diligence before purchasing.
Key Takeaways
- Vacant land: disclose zoning, environment, flood zone, utilities, and access.
- Johnson v. Davis: seller must disclose known material defects.
- Statutory disclosures: radon, coastal erosion, and HOA.
- Buyers: extensive due diligence essential for vacant land.
- Include zoning and environmental contingencies in contract.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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