Here’s a list of common questions real estate agents ask about the CAR Vacant Land Listing Agreement (CAR Form VLL) — along with clear explanations for each. This form is used when listing vacant land (non-residential, non-agricultural) for sale in California.

📋 General Form Questions

  1. When should I use the Vacant Land Listing Agreement (VLL)?
    Use CAR Form VLL when listing raw land or parcels that are not improved with structures (e.g., no homes or buildings), and where residential listing forms (like RLA) are not appropriate.
  2. What’s the difference between the VLL and the RLA?
    The VLL is tailored for land and includes sections specific to:
  • Zoning
  • Utility availability
  • Land use approvals
    The RLA (Residential Listing Agreement) focuses on homes and residential improvements.
  1. Is this form exclusive or non-exclusive?
    The default VLL is an Exclusive Right to Sell agreement, but can be modified to be Exclusive Agency if agreed upon.

⏳ Listing Term & Termination

  1. What is the typical listing period for vacant land?
    Land typically takes longer to sell than homes, so agents often use 6–12 months as the listing term. Always define the term clearly in the agreement.
  2. Can I cancel the listing early?
    Only if both parties agree or if the agreement includes a cancellation clause. Early cancellation should be documented using CAR Form COL.

💰 Compensation

  1. Can I negotiate a flat-fee commission on vacant land?
    Yes. The VLL allows commission to be expressed as a percentage, flat fee, or other structure. For land deals, some agents negotiate higher fees due to the longer marketing time.
  2. Does the agreement cover commission on lease or option to buy?
    Yes. There are checkboxes to include commission for lease or purchase options in addition to sales. Make sure to check all that apply.
  3. Is the broker entitled to commission if the buyer is found after the listing expires?
    Yes — if the buyer was introduced during the listing and the broker protection clause applies. This typically lasts 60 to 180 days after expiration.

🧾 Disclosure and Due Diligence

  1. What disclosures are required in a vacant land sale?
    While there’s no TDS (Transfer Disclosure Statement), the seller may still need to complete:
  • Natural Hazard Disclosure (NHD)
  • Seller Property Questionnaire (SPQ) for Land
  • Other environmental reports (soil, septic, etc.)
  1. Should I request a preliminary title report at the time of listing?
    Yes, it’s good practice to order a prelim early, as it may uncover:
  • Easements
  • Boundary disputes
  • Liens or encroachments

🌱 Land Use and Zoning

  1. How should I disclose zoning or land use restrictions?
    The VLL has a section for Zoning Information. You should confirm:
  • Current zoning
  • Any restrictions or overlays (e.g., coastal, environmental)
  • Potential for subdivision or development
  1. What if the land is within a Special Planning District?
    That should be disclosed. These districts may require special permits, limits on use, or environmental reports.

🧪 Utilities and Access

  1. Do I have to disclose if utilities are unavailable?
    Yes. The VLL asks for information on:
  • Water
  • Sewer/septic
  • Electricity
  • Road access (public/private)
    Buyers must know whether development is feasible.
  1. Should I include information about well or septic systems?
    Yes, if known. You may also recommend the seller provide soil or percolation tests to assist buyers.

🏗️ Marketing and Development Potential

  1. Can I advertise the land as “subdividable” or “buildable”?
    Only if you have verified it with local planning or zoning departments. Making such claims without confirmation could lead to misrepresentation liability.
  2. Should I include drone photos, parcel maps, or conceptual plans?
    Yes. These materials help market the property better and reduce buyer uncertainty. Always verify accuracy.

⚖️ Legal and Risk Issues

  1. What if the legal description differs from the APN?
    Always confirm with title. You can include both the APN and legal description in the listing, but rely on the title report for final accuracy.
  2. What if there’s a co-owner who didn’t sign the agreement?
    Then the listing may not be enforceable. All owners of record must sign the VLL for it to be valid.
  3. Should I disclose known boundary disputes or access issues?
    Yes. Failure to do so could result in legal liability for both seller and broker. Use the SPQ or include details in MLS remarks if material.
  4. Can I represent both buyer and seller (dual agency)?
    Yes, with proper disclosure and consent using CAR Form DA (Disclosure and Consent for Representation of More than One Buyer or Seller).