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.

Buying a Home With Someone You’re Not Married To

July 16, 2026
Buying a home with a partner, friend, or family member can make homeownership more attainable and allow two people to invest in property together. But when co-owners are not married, many of the legal protections and rules that apply to married couples do not necessarily apply in the same way. Before purchasing a home together, it’s important to think beyond the down payment and mortgage. Considerations such as how expenses will be divided and what happens if one person's circumstances change are much easier to address before closing than after a disagreement arises. Decide How You Will Own the Property One of the first decisions co-buyers will need to make is how title to the property will be held. The form of ownership can affect each person's rights in the property and what happens to an owner's interest if that person dies. The deed should also accurately reflect the ownership arrangement the buyers intend. A 50/50 split may make sense when both people are contributing equally, but that may not always be the case. One buyer might provide most of the down payment while the other contributes more toward the monthly mortgage or improvements to the property. Those differences should be discussed before the purchase. Simply contributing more money does not necessarily mean that a person will automatically receive a greater ownership interest or be entitled to reimbursement later. Buyers should understand how their contributions relate to their legal ownership and document their intentions accordingly. Plan for the Costs of Owning the Home The purchase price is only the beginning of the financial relationship between co-owners. Mortgage payments, property taxes, insurance, utilities, routine maintenance, and major repairs all create ongoing obligations. A written agreement can establish how those expenses will be divided and how decisions about the property will be made. It can also address less predictable situations. If the roof needs to be replaced, for example, are both owners responsible for half? What if one owner pays for a significant renovation that increases the property's value? What happens if one person temporarily cannot contribute toward the mortgage? Working through these questions in advance can prevent uncertainty about whether a payment was intended as a shared expense, a loan, or an additional investment in the property. Co-owners should also understand that ownership of the home and responsibility for the mortgage are separate issues. The names appearing on the deed determine ownership, while the loan documents determine who is legally responsible for repaying the mortgage. The way those documents are structured can have significant consequences for both parties. Consider What Happens If One Person Wants Out It may feel uncomfortable to discuss the end of a living arrangement while preparing to buy a home together, but it is one of the most important conversations unmarried co-buyers can have. Circumstances change. One person may want to relocate, experience a financial setback, enter a new relationship, or simply decide that joint ownership no longer works. Without an agreement, the owners may disagree about whether the property should be sold, whether one person can buy out the other, or how the home's value should be determined. A co-ownership agreement can establish a process before those issues arise. It might address how a buyout will work, how the property will be valued, how sale proceeds will be divided, and what happens if the owners cannot agree about whether to sell. The agreement can also address what should happen if an owner dies and how that person's interest in the property will be handled. Contact Deppman Law PLC  Buying a home together is a significant financial commitment, regardless of the relationship between the buyers. Taking the time to establish a clear ownership arrangement and put expectations in writing can help protect both parties and reduce the potential for disputes later. If you are considering purchasing Vermont real estate with a partner, friend, or family member, contact Deppman Law PLC for guidance on structuring the purchase and creating a co-ownership agreement that addresses your needs.

Buying a Small Business in Vermont and What to Know Before You Sign

June 17, 2026
Buying an existing business can be an appealing alternative to starting one from scratch. The customer base, employees, equipment, vendor relationships, and operating history may already be in place. But a business that looks successful from the outside can come with obligations and risks that are not immediately apparent. Before signing a purchase agreement, buyers should understand exactly what obligations may come with the transaction and whether the business is in the financial and legal position the seller has represented. Look Beyond the Financial Statements Financial records are an important part of evaluating a potential acquisition, but due diligence should extend well beyond revenue and profitability. A buyer should review the business's tax records, debts, pending or threatened litigation, insurance coverage, licenses and permits, and any liens or other claims involving business assets. Existing contracts also deserve careful attention. Agreements with customers, vendors, suppliers, lenders, and other third parties can have a significant impact on the value of the business. Some contracts may be transferred to a new owner, while others require consent or contain provisions allowing the other party to terminate the agreement after a change in ownership. If the business operates from leased property, the commercial lease can be equally important. Buyers should understand how much time remains on the lease, renewal options, rent increases, maintenance obligations, and whether the landlord must approve an assignment or a new lease. Vermont buyers should also be aware of state-specific obligations that can arise in connection with a business transfer. For example, Vermont law includes notice requirements involving certain bulk transfers of business assets and provisions that may affect a buyer that continues the operations of an existing employer. Know the Value of What You Are Buying Employees can be one of a business's most valuable assets, particularly when customer relationships or specialized knowledge depend on particular people. Before closing, buyers should understand the existing workforce, compensation and benefits, employment agreements, accrued obligations, and any ongoing employment disputes. In Vermont, acquiring and continuing an existing business can also have implications for unemployment insurance. Under certain circumstances, an acquiring business may be treated as a successor employer, and the predecessor's experience-rating record may transfer to the successor. Buyers should also identify precisely which physical and intangible assets are included in the purchase. Depending on the business, that might include equipment, inventory, vehicles, intellectual property, websites and domain names, customer information, trade names, or other valuable rights. It is important to determine not only that the seller possesses these assets, but also whether they are subject to liens or security interests that need to be addressed before closing. Asset Purchase or Equity Purchase? One of the most important decisions in structuring an acquisition is whether to purchase the assets of the business or the ownership interests in the company itself. In an asset purchase, the buyer generally purchases specifically identified assets and assumes only the liabilities identified in the agreement, subject to applicable law. This structure can give the parties greater ability to define what is — and is not — part of the transaction. In an equity purchase, the buyer purchases ownership of the existing company. The business entity continues to own its assets and remain subject to its contractual obligations and liabilities. That makes a careful investigation of the company's history particularly important. Neither structure is automatically better. Tax consequences, contracts, licenses, liabilities, financing, and the buyer's plans for the business can all influence how a transaction should be structured. Contact Deppman Law PLC Purchasing a business is a significant investment, and issues discovered after closing can be far more difficult and expensive to address than those identified during negotiations. An attorney can help evaluate the proposed transaction, conduct legal due diligence, identify potential risks, and prepare or review the agreements necessary to protect the buyer's interests. If you are considering buying a business in Vermont, contact Deppman Law PLC to learn more about the acquisition process and the steps you can take before signing.