Vermont Real Estate Purchase Agreement

Legal Aspects 

There are multiple legal aspects you must consider. Without these aspects and pieces of information, you leave a loophole for the other party to sue you or view the agreement as ineligible. You also want to ensure that your contact is similar to others in the state. Otherwise, the other party might withdraw from the deal for something more beneficial to them.

Writing Requirement

• The agreement must be a written contract and signed by both parties. However, it must also have the four (4) below elements:
  • In writing, the initial offer by the potential buyer. It must also have an acceptance of the offer by the seller.
  • Both parties mutually consent to enter a contract to sell/buy real estate.
  • Consideration, which is where the parties exchange items that have value. It’s generally money for the house.
  • The contract’s purpose must be legal, violating no laws in Vermont.

• The seller must also outline other terms in the contract, such as the following:
  • Identities of both parties
  • The registered and legal description of the property
  • The designated purchase price
  • The clause about the financing terms includes accepted payment methods, fees, etc.
  • Statement about the earnest money deposit’s amount typically ranges from 1% to 2%. However, it can also increase to 10% if the market is competitive.
  • The contract’s closing time. In Vermont, it’s generally 35 days after both parties sign the agreement.
  • Contingencies include terms such as the buyer getting proper financing or the owner ensuring the property is in marketable and good condition.

• Vermont is a Buyer Beware state, which means sellers have no legal requirements to tell buyers about material defects. The buyer purchases the properties “as is,” they must inspect the premises beforehand to learn about any possible defects.
• Buyers in Vermont can cancel a property purchase agreement anytime before midnight on the third business day after the transaction.

Required Disclosures

Besides the above writing requirements, you must also add specific disclosures. Without these disclosures, the buyer can cancel the contract, generally with little to no consequences. Luckily, in Vermont, there are only two (2) legal disclosures:

• Lead-Based Paint Disclosure: An added seller statement about whether the building used lead-based paint. It’s only relevant to buildings built before or during 1978.
• Seller’s Property Disclosure: While sellers don’t usually need to disclose material defects, it’s different when they use a licensed agent. Should they use the services of a licensed agent when selling the property, the agent must disclose any material defects to the buyer. It also includes a statement on the condition of the property.