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.

May 11, 2026
One of the most common misconceptions about estate planning is that it is only about deciding who receives your assets after you pass away. While distributing property is certainly an important part of the process, a well-crafted estate plan can serve another equally valuable purpose — helping prevent family disputes. Unfortunately, disagreements among family members are not uncommon after a loved one’s death. Questions about inheritances, decision-making authority, and personal property can quickly create tension, even among close relatives. In some cases, these conflicts can lead to lengthy legal battles that drain both financial resources and family relationships. The good news is that thoughtful estate planning can significantly reduce the likelihood of these disputes and provide clarity during an already difficult time. Create a Clear and Comprehensive Estate Plan One of the leading causes of family conflict is uncertainty. When estate planning documents are outdated or nonexistent, surviving family members are often left to interpret what they believe their loved one would have wanted. A comprehensive estate plan typically includes a will, powers of attorney, advance healthcare directives, and, in some cases, a trust. These documents clearly outline your wishes and establish who is responsible for carrying them out. The more clearly your intentions are documented, the less room there is for confusion, disagreement, or competing interpretations. Keep Your Documents Up to Date Even the best estate plan can create problems if it no longer reflects your current circumstances. Major life events such as marriage, divorce, the birth of a child, the death of a beneficiary, or significant changes in assets should prompt a review of your estate planning documents. Outdated plans can unintentionally exclude loved ones or leave assets to individuals you no longer intend to benefit. Regular reviews help ensure that your plan remains aligned with your wishes and reduces the likelihood of surprises that can trigger family disputes. Choose the Right People for Key Roles Estate planning involves more than deciding who inherits your assets. It also requires selecting individuals to serve in important fiduciary roles, such as executor, trustee, agent under a power of attorney, or healthcare decision-maker. These responsibilities can be demanding and sometimes place family members in difficult positions. When choosing individuals for these roles, consider their reliability, organizational skills, ability to communicate effectively, and willingness to carry out your wishes. Selecting the right person can help prevent misunderstandings and build confidence among family members that your affairs will be handled fairly and responsibly. Be Thoughtful About Unequal Distributions Many people assume that assets must be divided equally among children or other beneficiaries. In reality, there may be valid reasons to leave different amounts to different individuals. However, unequal distributions can sometimes create resentment if family members do not understand the reasoning behind them. If your estate plan includes unequal gifts, consider discussing your intentions with your family or including a written explanation as part of your planning process. While these conversations may feel uncomfortable, they can often prevent misunderstandings and reduce the risk of challenges after your death. Address Family Businesses, Real Estate, and Personal Property Certain assets tend to create more conflict than others. Family businesses, vacation homes, farms, and sentimental personal property often carry emotional value that goes beyond their financial worth. A thoughtful estate plan should address how these assets will be managed, divided, or transferred. Clear instructions can help avoid disputes over ownership, use, maintenance responsibilities, or future sales. Taking the time to plan for these issues now can save your loved ones from difficult decisions later. Consider Using a Trust For some families, a trust can provide additional structure and protection. Trusts can establish clear rules for managing and distributing assets, reduce court involvement, and provide ongoing oversight through a designated trustee. Trusts can be particularly useful in blended families, situations involving minor children, or circumstances where beneficiaries may need assistance managing inherited assets. By clearly outlining how assets should be handled, a trust can reduce opportunities for conflict and help ensure your wishes are followed. Communication Can Make a Difference While estate planning documents are essential, open communication can also play an important role in preventing disputes. Family members are often less likely to challenge decisions when they understand the reasoning behind them. You do not need to disclose every detail of your estate plan, but discussing your general goals and intentions can help manage expectations and reduce the likelihood of surprises. Contact Deppman Law PLC Estate planning is about more than transferring assets—it is about protecting your loved ones and helping preserve family harmony for years to come. A carefully designed estate plan can provide clarity and minimize the risk of costly disputes. If you would like to create or update an estate plan that reflects your wishes and protects your family, contact Deppman Law PLC today . Our team can help you develop a comprehensive plan tailored to your unique circumstances and long-term goals.
April 14, 2026
Child custody orders are designed to provide structure, stability, and clarity for both parents and children. Unfortunately, even after a custody arrangement has been approved by the court, disputes can still arise. One parent may repeatedly miss exchanges, refuse to follow the parenting schedule, withhold communication, or make important decisions without consulting the other parent as required by the order. If your ex is not complying with a custody order, it is important to understand that the order is legally binding. While occasional misunderstandings can happen, repeated violations should not be ignored. Common Custody Order Violations Custody disputes can take many forms. Some of the most common violations include: Refusing to return a child at the scheduled time Denying court-ordered parenting time Frequently canceling visits without justification Failing to inform the other parent about important medical, educational, or extracurricular matters Making major decisions without the required consent of the other parent Interfering with communication between the child and the other parent Relocating with the child without proper notice or court approval Even when a parent believes they are acting in the child’s best interests, ignoring a court order can create legal consequences. Document the Problem If your ex is not following the custody order, one of the most important things you can do is keep detailed records. Courts rely on evidence, and clear documentation can help demonstrate a pattern of noncompliance. Consider keeping a log that includes: Dates and times of missed exchanges Copies of emails, text messages, or other communications Notes about conversations or incidents Information about any witnesses who observed the violations It is important to remain factual and objective. Detailed records often carry more weight than emotional accusations. Try to Resolve the Issue First Not every custody dispute requires immediate court intervention. In some situations, a direct conversation or written communication can resolve the problem. Misunderstandings, scheduling conflicts, and changes in circumstances sometimes contribute to custody disagreements. When communicating with the other parent, try to remain calm and focused on the child’s needs. Avoid arguments, threats, or inflammatory language, as these communications may later be reviewed by the court. Mediation may also be an option. A neutral mediator can help parents address ongoing conflicts and develop solutions without the expense and stress of litigation. When Court Intervention Becomes Necessary If violations continue despite your efforts to resolve the issue, you may need to seek assistance from the court. Vermont courts take custody orders seriously and have the authority to enforce them. Depending on the circumstances, a parent may file a motion asking the court to: Enforce the existing custody order Require makeup parenting time Hold the noncompliant parent in contempt of court Modify the existing custody arrangement Award attorney’s fees or other appropriate remedies The court will review the evidence and determine whether a violation occurred and what action is appropriate. Avoid Taking Matters Into Your Own Hands When frustrations build, it can be tempting to respond by withholding parenting time or ignoring parts of the custody order yourself. However, doing so can create additional legal problems and may weaken your position if the matter returns to court. Even if you believe the other parent is acting unfairly, it is generally best to continue following the existing order while pursuing legal remedies through the proper channels. Focus on the Best Interests of the Child At the center of every custody dispute is a child who benefits from stability, consistency, and healthy parental relationships whenever possible. Vermont courts evaluate custody issues based on the best interests of the child, and parents who demonstrate a willingness to support those interests are often viewed more favorably. If your ex is not following a custody order, addressing the issue promptly can help protect both your parental rights and your child’s well-being. Contact Deppman Law PLC If you are dealing with ongoing custody order violations or have questions about your rights as a parent, Deppman Law PLC can help. Our team can evaluate your situation, explain your legal options, and guide you through the process of enforcing or modifying a custody order when necessary. Contact Deppman Law PLC today to schedule a consultation and learn how we can help protect your family and your future.