Why You Should Hire a Real Estate Lawyer
October 1, 2021

The decision to buy or sell real estate is rarely one to take lightly. It may be one of the most significant financial transactions you will make in your lifetime. When you’re planning on making such a substantial investment, we recommend you consult with an attorney experienced in all facets of real estate transactions early in the process, before finalizing any purchase or sales agreement.  Located in Middlebury, Vermont, we are knowledgeable about real estate transactions, and all other aspects of real estate law, including title disputes, zoning issues, ownership disputes, partition, and other complications that may arise. 

 

At Deppman Law PLC, our team is experienced in real estate matters, and represents clients in the purchase and/or sale of Vermont homes and commercial properties.  We also represent clients in cases involving foreclosures, evictions, partitions, title disputes, boundary disputes, other landlord-tenant disputes, and homeowners’ association issues. Benj and Lesley Deppman prepare and review contracts, negotiate terms favorable to our clients, and ensure your rights and best interests are protected every step of the way.

 

Do I Need a Middlebury Real Estate Attorney?

 

Despite our recommendation, above, in home sales and purchases, a real estate lawyer may not come into the picture until well into the process, after both parties have signed a purchase and sale agreement.  While it is not a legal requirement to work with a real estate attorney in Vermont, doing so can save you significant time, money, and stress. Real estate transactions are complicated.  Title searches and title insurance are unique to real estate.  Preparing a deed constitutes the practice of law in Vermont.  Also, there are a lot of technical tax forms and certifications that may be included in a transaction, so the vast majority of people find it advantageous to hire a lawyer to assist them through the transaction.


Even in seemingly-straightforward real estate transactions, minor errors and unintentional oversights can easily lead to costly mistakes that could have been anticipated — and avoided — by having an attorney by your side. Although not all transactions are the same, Deppman Law offers many services depending upon your needs.  We can:

  • Review your contract terms to ensure that they are fair and protect your best interests;
  • Perform a title search to determine if there are easements, covenants, liens or other encumbrances attached to the title; 
  • Issue title insurance as needed or requested;
  • Resolve title issues, often by working with the other party’s attorney;
  • Work with the lender (if applicable) to make sure their requirements are satisfied;
  • Form a business entity for you to utilize in taking title to the property; and,
  • Represent you at closing


We recommend you have a real estate attorney by your side for any type of real estate transaction. 

 

Buyers should be represented by a VT Real Estate Attorney

 

If you are a buyer involved in a real estate transaction, you should not move forward without legal representation. There are many types of real estate transactions, including purchases of:

  • Bank-owned properties;
  • Multi-family properties; 
  • Operating farms;
  • Conserved properties or properties enrolled in Vermont’s “Current Use” property tax program;
  • Residential real estate in a new subdivision with multiple permits;
  • Condominiums;
  • Properties in common interest communities;
  • Properties involved in foreclosure or requiring a short sale;
  • Properties in Vermont when you are from out of state;
  • Properties with structural issues;
  • Properties at estate sales;
  • Commercial properties; and
  • Properties with area-specific problems, such as high radon levels, or those that are located in a flood zone. 


Further, real estate transactions include many technical items, and a knowledgeable attorney will help you navigate them (e.g., warranty deed, quit claim deed, option to purchase, right of first refusal, easement, mortgagor, mortgagee, rights of way, covenants, powers of attorney, prorations, etc.).  Also, transactions involve Vermont specific taxes (real estate withholding, transfer tax, land gains tax) and federal taxes (e.g., capital gains, FIRPTA).  Certain transactions require certain disclosures, and others do not (e.g., compliance with Vermont’s carbon monoxide and smoke detector law, compliance with Vermont’s “public buildings” laws, etc.).  The Buyer’s attorney typically acts as settlement agent, and prepares the settlement statement or Closing Disclosure which itemizes all of the financial aspects of the transaction.


Sellers should be represented by a VT Real Estate Attorney

 

Sellers should retain the services of a real estate attorney when engaged in a real estate transaction.  The Seller’s attorney will help navigate the sale of property:

  • That is jointly owned, when the joint owner is uncooperative; 
  • With structural issues; 
  • With liens or judgments against it;
  • With area-specific issues, such as radon;
  • In preparing the deed, transfer tax return, required disclosures, and other tax, transfer or title clearing documents;
  • To which the Seller is an executor, agent under power of attorney, guardian, or other fiduciary. 


The Seller’s lawyer typically prepares the deed, transfer tax return, and other documents that may be needed (affidavits, certifications, certificates, powers of attorney, etc.).  The Seller’s attorney also obtains the payoff statement for any mortgage debt or lien being paid off, and makes sure a certificate of occupancy or certificate of zoning compliance is issued if the transaction requires one.  If the title search performed for the Buyer reveals a title issue, the Seller’s attorney typically works on resolving the title issue. 

 

Choosing a Real Estate Lawyer

 

Given the technical issues and the substantial assets at risk, it’s crucial to choose an experienced real estate lawyer with a good reputation.  Also, you should feel comfortable with your lawyer. Real estate law is constantly evolving, so it’s important not to hire an attorney who just dabbles in the area. 


Use the initial consultation as an interview. Ask the attorney about real estate law, how many cases they’ve handled similar to yours, how they handle communication, and what they charge for legal services. 


In addition to gathering important information and determining if the lawyer has the experience and knowledge to protect your best interests, this is also a great opportunity to gauge whether you like working with this particular individual. After all, selling and purchasing real estate can be a very personal, even emotional process; having a trusted lawyer by your side can make all the difference!   

 

Contact Deppman Law PLC Today

 

Whether you are buying a piece of bare land, a large operating farm, a commercial property, a modest condo or a multimillion Dollar residence, the legal team at Deppman Law can help. We will review your unique circumstances to ensure that your best interests are protected throughout the process.


Contact Benj or Lesley today at 802-388-6337 for a confidential consultation about your case.

Planning for Your Digital Assets as Part of Your Vermont Estate Plan

September 15, 2026
When you think about estate planning, you may picture your home, retirement savings, or possessions you hope to leave to family members. But much of everyday life now exists online. Important financial records may arrive only by email, while decades of family photographs may be stored in a cloud account. Without planning, the people handling your affairs may struggle to locate those records or obtain the authority needed to manage them. Addressing digital assets can help make your estate plan more complete. Start With an Inventory Digital assets can include electronic files and online accounts with financial or sentimental value. Your inventory might identify email accounts, cloud storage, social media profiles, cryptocurrency holdings, and websites or domain names you own. Also identify financial institutions you access online. Although the money in a bank account is distinct from the online account used to manage it, knowing where that account exists can be essential. For a small business owner, the inventory should also address business systems and records. Consider what someone would need to keep operations running if you became unavailable unexpectedly. Decide What You Want Preserved Different accounts may call for different instructions. You might want family photographs saved and shared with your children, while preferring that certain personal accounts be closed. Think about who should receive important files and whether any material should remain private. Avoid assuming that the person handling your estate will know which documents matter or where they are stored. Backing up irreplaceable photographs and other meaningful files can also reduce dependence on a single account or service. Address Legal Authority Knowing a password does not necessarily give someone legal authority to use an account. Vermont’s Revised Uniform Fiduciary Access to Digital Assets Act provides a framework for access by executors and other fiduciaries, but access depends on the circumstances and applicable requirements. Your estate planning documents should address digital assets and your wishes concerning disclosure. The contents of private electronic communications deserve particular attention because access can involve additional consent requirements. An attorney can help coordinate these provisions with the rest of your plan. Review Account Planning Tools Some providers offer online tools that allow users to direct what happens to account information after death. These settings should be reviewed alongside your legal documents. Under Vermont law, a direction made through a qualifying online tool can override conflicting instructions in a will, trust, or power of attorney. Completing estate planning documents without checking those settings may therefore leave inconsistent instructions in place. If no applicable online direction exists, your legal documents can play an important role in expressing whether disclosure should be allowed or prohibited. Keep Access Information Secure Your plan should explain where authorized individuals can find necessary access information without unnecessarily exposing it. Avoid putting passwords directly in your will, which may become part of a court record. A secure password manager or a separately maintained record may be useful, depending on your circumstances. Consider how account recovery works, particularly when verification depends on a phone or another email account. Cryptocurrency requires special care. Losing necessary keys or recovery information can make assets inaccessible, while sharing that information carelessly can expose them to theft. Keep the Plan Current An inventory becomes less useful as accounts change. Review it periodically and after significant changes to your online activities or business. Make sure the appropriate person knows that your instructions exist and where to find them. Contact Deppman Law PLC Planning for digital assets can help preserve meaningful records and give the people handling your affairs clearer guidance. To learn more about incorporating digital assets into your Vermont estate plan, reach out to Deppman Law PLC for more information.

What Happens to a Small Business in a Vermont Divorce?

August 14, 2026
For a small business owner, divorce can raise questions that extend well beyond the family home or joint bank accounts. A business may represent years of work and provide the income that supports both spouses. If they built or operated it together, separating their personal lives may also mean untangling their working relationship. Understanding how a business may be addressed in a Vermont divorce can help owners prepare for difficult decisions while protecting ongoing operations. Is the Business Part of the Property Division? Vermont courts have broad authority to divide property in a divorce. All property owned by either or both spouses may be considered, regardless of when it was acquired or whose name appears on the ownership documents. A business started before the marriage or inherited from a parent is therefore not automatically excluded. However, being subject to division does not mean that a business must be split equally. Vermont follows equitable distribution, which calls for a fair division based on the circumstances. Relevant considerations include the length of the marriage, each spouse’s financial situation, and their contributions to acquiring or preserving property. Nonfinancial contributions, including homemaking, also matter. Determining What the Business Is Worth Before spouses can meaningfully discuss how to address a business, they need a reliable understanding of its value. Annual revenue alone does not answer that question, and a business’s tax return may not tell the whole story. Depending on the company, a valuation may examine its assets and outstanding debts, along with its earnings history and future prospects. The business’s dependence on the owner’s personal involvement may also require careful analysis. A qualified valuation professional can help assess these issues. Even when spouses agree that one person should keep the business, disagreements about its value can make settlement difficult. Establishing a supported value provides a stronger starting point for negotiations. Can One Spouse Keep the Business? One possible resolution is for one spouse to retain the business while the other receives different assets or a negotiated payment. For example, the overall settlement might allocate a larger share of other property to the spouse who is giving up a claim to the business. That arrangement must be financially workable. A business may have substantial value without enough available cash to fund an immediate buyout. Payment terms should account for operating expenses and the company’s ability to continue generating income. Selling the business may be another option. Some former spouses consider continuing as co-owners, although that requires a realistic assessment of whether they can work together and a clear agreement governing future decisions. What If Both Spouses Work There? When both spouses are involved in daily operations, ownership is only part of the discussion. They may also need to address employment responsibilities and compensation while the divorce is pending. Consider practical questions early: Who will communicate with employees? Who can approve significant expenditures? How will financial information be shared? Temporary arrangements can help preserve stability while longer-term issues are resolved. Personal disagreements can otherwise spill into business decisions and affect relationships with customers or staff. Prepare Before Making Changes Gather financial records and any agreements affecting ownership or transfers. If other owners are involved, their rights and the company’s governing documents also need attention. Before changing compensation, transferring ownership, or making unusual withdrawals, speak with an attorney. Decisions made during a divorce can affect both the business and the property settlement. Contact Deppman Law PLC Addressing a business in divorce requires attention to the company’s future as well as each spouse’s financial needs. If you own a business and are considering divorce, or have questions about a jointly operated company, reach out to Deppman Law PLC for more information about your options.