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.

How to Protect Your Business in Vendor and Service Agreements

March 16, 2026
Vendor and service agreements are a routine part of running a small business, but they are also one of the most common sources of legal disputes. Whether you are hiring a vendor, providing services to a client, or entering into a long-term business relationship, a well-drafted agreement is essential to protecting your interests. Taking the time to get these contracts right on the front end can prevent costly issues down the road. Scope of Work At its core, a vendor or service agreement should clearly define the scope of work. This includes what services or goods will be provided, the timeline for performance, and any specific deliverables. Vague or overly broad descriptions can lead to misunderstandings and disagreements about whether obligations have been fulfilled. The more specific the agreement, the easier it is to hold all parties accountable. Payment Terms Payment terms are another critical component. Your agreement should outline how much will be paid, when payments are due, and what happens if a payment is late or not made at all. For service providers, this may include requiring deposits or including interest or penalties for late payment. For businesses hiring vendors, it is equally important to ensure that payment is tied to satisfactory performance. Liability Limits Limiting liability is also key to protecting your business. Many agreements include provisions that cap the amount of damages one party can recover or exclude certain types of damages altogether. While these clauses must be carefully drafted to be enforceable, they can significantly reduce your financial exposure in the event of a dispute. Similarly, indemnification provisions can require one party to cover certain losses or claims, such as those arising from negligence or third-party actions. Disputes Another important consideration is how disputes will be handled. Your agreement should specify whether disputes will be resolved through litigation, mediation, or arbitration, as well as the location and governing law. For Vermont businesses, including a clause that applies Vermont law and designates a local venue can provide greater predictability and convenience if a dispute arises. Termination Termination provisions are often overlooked but can be just as important as the initial terms of the agreement. A strong contract will outline when and how either party can terminate the relationship, including for cause (such as a breach) or for convenience. It should also address what happens upon termination, such as final payments, return of property, or transition of work in progress. Confidentiality In addition, businesses should consider including provisions related to confidentiality and intellectual property. If sensitive business information is being shared, a confidentiality clause can help prevent misuse or disclosure. If the agreement involves the creation of content, designs, or other work product, it should clearly state who owns that work and how it can be used. Finally, it is important to ensure that all agreements are properly executed and reflect the actual understanding of the parties. Relying on informal arrangements or handshake deals can leave your business exposed if a disagreement arises. Even when using templates, contracts should be reviewed and tailored to fit the specific transaction and applicable law. Contact Deppman Law PLC For more information about drafting or reviewing vendor and service agreements, contact Deppman Law PLC. Our team can help you create contracts that protect your business and support your day-to-day operations with confidence.

What to Expect at a Vermont Real Estate Closing

February 11, 2026
Buying or selling real estate is one of the most significant financial transactions most people will make, and the closing is where everything comes together. While the process can feel intense, understanding what to expect at a Vermont real estate closing can help you feel more prepared and confident on the big day. In Vermont, real estate closings are typically handled by an attorney or title company, and the process is often more attorney-driven than in some other states. Whether you are buying or selling, your attorney plays a central role in ensuring that the transaction is legally sound and that your interests are protected throughout the process. Leading up to the closing, several important steps take place behind the scenes. One of the most critical is the title search. This involves reviewing public records to confirm that the seller has clear ownership of the property and that there are no outstanding liens or legal issues that could affect the transfer. If any issues are discovered, they must be resolved before closing can proceed. At the same time, the buyer will typically finalize financing, secure homeowners insurance, and review the closing disclosure, a document that outlines the final terms of the loan, as well as all costs associated with the transaction. It is important to review this document carefully in advance so there are no surprises at closing. On the day of closing, the parties will meet—either in person or, in some cases, remotely—to sign the necessary documents. Buyers can expect to sign a number of documents related to their mortgage, including the promissory note and mortgage deed. Sellers will sign documents transferring ownership of the property, most notably the deed. In Vermont, the deed is often a warranty deed, which provides assurances to the buyer that the seller has clear title to the property and the legal right to transfer it. Along with the deed, various affidavits and tax forms are also executed to complete the transaction. Funds are also exchanged at closing. Buyers will provide the balance of their down payment and closing costs, typically via wire transfer, while the lender provides the loan funds. The closing agent then distributes these funds to the appropriate parties, including paying off any existing mortgages, covering taxes and fees, and delivering the remaining proceeds to the seller. Once all documents are signed and funds are disbursed, the final step is recording the deed in the local land records. This officially transfers ownership of the property to the buyer. In many cases, the buyer will receive the keys to the property shortly after this step is complete. While most closings proceed smoothly, issues can arise. Delays in financing, title defects, or last-minute changes to terms can all impact the timeline. Having experienced legal guidance can help address these challenges quickly and keep the transaction on track. Ultimately, a Vermont real estate closing is a structured process designed to ensure that ownership is transferred properly and that both parties’ rights are protected. With the right preparation and support, it can be a straightforward and even rewarding experience. Contact Deppman Law PLC For more information about Vermont real estate transactions or to ensure your closing proceeds smoothly, contact Deppman Law PLC. Our team is available to guide you through each step of the process and protect your interests from contract to closing.