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Peet Law Group provides trusted guidance as a real estate lawyer for Rutland, VT, handling closings, contracts, and more. Call (802) 860-4767 or (802) 860-2822.

When a Vermont property owner dies, transferring real estate to heirs is not automatic. The process depends on how the property was owned, whether the owner had an estate plan, and whether probate is required. Understanding how Vermont real estate is transferred after death can help families avoid delays, unnecessary costs, and legal disputes. Real Estate Owned Solely in the Decedent’s Name If Vermont real estate was owned solely in the deceased person’s name, the property typically becomes part of the probate estate. This means the property must be transferred through the Vermont Probate Division before it can be sold or distributed to heirs. In a probate transfer, the court appoints an executor or administrator who has legal authority to manage the estate. Once approved by the court, the executor may transfer the property to heirs or sell it as part of the estate administration. A deed is then prepared and recorded to reflect the new ownership. Probate transfers can take several months and sometimes longer, depending on the complexity of the estate and whether disputes arise. Joint Ownership With Right of Survivorship Many Vermont property owners hold real estate jointly with another person, often a spouse. If the deed includes a right of survivorship, ownership automatically passes to the surviving owner upon death. In this situation, probate is usually not required for the real estate itself. The surviving owner records a death certificate in the town land records, and title vests fully in the survivor. This is one of the simplest and most common ways Vermont real estate is transferred after death. Tenants in Common Ownership If property is owned as tenants in common, the deceased owner’s interest does not automatically transfer to the other owner. Instead, the deceased person’s share becomes part of their probate estate. The executor must then transfer that ownership interest according to the will or Vermont intestacy laws if there is no will. This often surprises co owners who assume ownership passes automatically. Vermont Real Estate Held in a Trust Property placed into a properly drafted and funded trust before death generally avoids probate. When the property owner dies, the successor trustee has authority to transfer or manage the real estate according to the trust terms. Trust based transfers are typically faster, more private, and less expensive than probate. This is one reason many Vermont homeowners choose to place real estate into a revocable living trust as part of an estate plan. Transfer on Death Deeds in Vermont Vermont allows transfer on death deeds, sometimes called beneficiary deeds. This type of deed allows a property owner to name one or more beneficiaries who will receive the property upon death without probate. The deed must be properly prepared and recorded during the owner’s lifetime. After death, the beneficiary records a death certificate and affidavit to complete the transfer. This option can be effective but must be used carefully to avoid title and estate planning problems. What Happens If There Is No Will If a Vermont property owner dies without a will, the real estate is distributed according to Vermont intestacy law. The probate court determines who inherits the property based on family relationships. This process often takes longer and can create results that do not match what the owner would have wanted. Probate is still required, and the property cannot be transferred until the court approves the distribution. Why Legal Guidance Matters Transferring Vermont real estate after death involves probate law, real estate law, and title issues. Mistakes can cloud title, delay closings, or expose heirs to legal risk. An experienced Vermont real estate attorney can determine whether probate is required, prepare and record the correct deeds, resolve title issues, and coordinate with the probate court when necessary. Helping Vermont Families Move Forward Peet Law Group assists executors, trustees, and families throughout Vermont with the legal transfer of real estate after death. Whether the property must go through probate or can be transferred outside of court, proper legal guidance helps ensure the process is handled correctly and efficiently. If you are dealing with Vermont real estate after the death of a family member, speaking with a knowledgeable attorney early can save time, money, and stress.

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One of the most common questions home buyers and sellers ask is simple: how long will this take? While every real estate transaction is different, most Vermont closings follow a predictable timeline from the signed contract to the day the keys change hands. Understanding the process helps reduce stress, avoid surprises, and plan your move with confidence. The Typical Vermont Real Estate Closing Timeline In Vermont, most residential real estate transactions take 30 to 60 days from the date the purchase and sale agreement is signed to the closing date. Some transactions close faster, while others take longer depending on the circumstances. Here is a practical breakdown of what happens during that time. After the Purchase and Sale Agreement Is Signed Once the buyer and seller sign the purchase and sale agreement, the transaction becomes legally binding, subject to any contingencies in the contract. This is when the clock really starts. During the first one to two weeks, the buyer typically schedules inspections, applies for financing if needed, and delivers any required deposits. At the same time, the real estate attorney begins reviewing the contract and ordering the title search. Inspections and Due Diligence Most Vermont purchase contracts include inspection contingencies. Home inspections, septic inspections, water testing, and other evaluations usually occur within the first 7 to 14 days. If issues are discovered, negotiations may follow. Requests for repairs or credits can add time to the process, especially if additional inspections are needed or contractors must be consulted. Mortgage Approval and Financing If the buyer is obtaining a mortgage, loan processing is often the longest part of the closing timeline. Appraisals, underwriting, document verification, and lender conditions typically take several weeks. Financed purchases often close closer to the 45 to 60 day mark. Cash purchases may close sooner, sometimes in as little as two to three weeks, assuming title issues do not arise. Title Search and Legal Review In Vermont, a real estate attorney conducts a thorough title search to confirm that the seller has clear legal ownership and the right to convey the property. This includes reviewing deeds, easements, rights of way, mortgages, and other recorded interests. If title issues are found, they must be resolved before closing. Clearing old liens, correcting boundary issues, or addressing missing documents can extend the timeline. Preparing for Closing As the closing date approaches, the attorneys prepare the deed, closing documents, and settlement statement. The lender issues final loan approval, and the buyer secures homeowners insurance. Final walkthroughs usually occur within a few days of closing to confirm the property is in the agreed condition. Closing Day and Getting the Keys On closing day, the buyer signs loan and legal documents, funds are transferred, and the deed is recorded in the town land records. At this point, the transaction is officially closed. This is when the buyer receives the keys and takes legal ownership of the property. What Can Delay a Real Estate Closing Several factors can slow down a closing, including financing delays, appraisal issues, inspection disputes, title defects, or missing documentation. Rural properties, older homes, and properties with shared access or private roads often require additional legal review. Working with an experienced Vermont real estate attorney from the beginning helps identify and resolve issues early, keeping the transaction on track. How a Vermont Real Estate Attorney Helps Keep Things Moving A real estate attorney coordinates the legal, title, and closing process, communicates with lenders and agents, and ensures deadlines are met. Having legal guidance throughout the transaction helps avoid last-minute surprises that can delay or derail a closing. The Bottom Line Most Vermont real estate closings take between 30 and 60 days from contract to keys. Some close faster, some take longer, but understanding the steps involved makes the process smoother and less stressful. If you are buying or selling property in Vermont and want a clear path from contract to closing, working with an experienced real estate attorney can make all the difference. If you would like an expedited closing, please contact an attorney at the Peet Law Group for an estimated timeline specific to your transaction.

One of the common questions Vermont homebuyers and sellers ask during a real estate transaction is whether a property must be surveyed before it can be sold. The short answer is no. Vermont law does not require a property survey before a sale. That said, the lack of a survey can create legal and financial risks that buyers and sellers should understand before closing. This article explains when a survey is required, when it is strongly recommended, and how surveys affect Vermont real estate transactions. No General Survey Requirement Under Vermont Law Unlike some states, Vermont does not have a statute that requires a property survey as a condition of sale. Many Vermont properties change hands without a new survey, particularly older homes, rural properties, and transactions where the parties are familiar with the land. However, the absence of a legal requirement does not mean a survey is unnecessary or unimportant. In many transactions, a survey plays a critical role in confirming what is actually being conveyed. When a Survey Is Commonly Required Even though Vermont law does not mandate a survey, one may still be required by other parties involved in the transaction. Lenders sometimes require a survey, particularly when boundary issues, acreage, or improvements near property lines could affect the collateral. Title insurance companies may also require a survey, or may exclude coverage for boundary or encroachment issues if no survey is provided. Municipal approvals, subdivisions, or recent boundary adjustments almost always require a survey, and the survey may need to be recorded in the land records before closing. Situations Where a Survey Is Strongly Recommended There are many situations in which a Vermont real estate attorney will strongly recommend a survey even if no one formally requires it. If the property has never been surveyed, or if the most recent survey is very old, a new survey can help avoid disputes. This is especially true in Vermont, where property descriptions may rely on stone walls, trees, or historic landmarks that no longer exist. Surveys are also important when fences, driveways, buildings, or septic systems appear close to boundary lines. Encroachments are common in Vermont and are often discovered only after closing if no survey is obtained. Waterfront property, large acreage, undeveloped land, and properties with shared driveways or rights of way are also strong candidates for a survey. In these cases, understanding the exact boundaries and access rights can be essential to the buyer’s intended use of the property. How Surveys Affect Title and Legal Risk A survey helps confirm that the legal description in the deed matches the land on the ground. Without a survey, buyers often rely on assumptions that may not be accurate. Boundary disputes, missing access, encroachments, and acreage discrepancies can all lead to costly legal issues after closing. A properly prepared survey allows these issues to be addressed before the transaction is finalized, when solutions are usually simpler and less expensive. From a legal standpoint, surveys also interact with title insurance. If no survey is provided, the title insurance policy may exclude coverage for matters that would have been disclosed by a survey. That means the buyer may be assuming risk without realizing it. Can a Buyer Waive a Survey in Vermont? Yes. Buyers frequently waive surveys, particularly in competitive markets. However, doing so should be a conscious decision made with an understanding of the potential consequences. A Vermont real estate attorney can help a buyer evaluate whether waiving a survey is reasonable based on the property type, history, and intended use. What may be acceptable for a small residential lot in a subdivision may be risky for rural land or property with complex boundaries. The Role of a Vermont Real Estate Attorney Determining whether a survey is needed is not a one size fits all decision. A Vermont real estate attorney reviews the deed, title history, municipal records, and transaction details to identify risks that a survey could address. In some cases, an attorney may recommend obtaining an existing recorded survey rather than commissioning a new one. In others, a new survey may be the best way to protect the client’s interests before closing. Conclusion Vermont properties do not have to be surveyed before sale, but that does not mean a survey is unnecessary. Surveys play an important role in identifying boundary issues, protecting buyers, and reducing legal risk. If you are buying or selling property in Vermont and have questions about surveys, title issues, or closing requirements, working with an experienced Vermont real estate attorney can help ensure the transaction proceeds smoothly and with fewer surprises. Peet Law Group regularly advises clients throughout Vermont on real estate closings, title issues, and property ownership concerns from its offices in Williston and Hartford. For more information on surveys, see Unlocking the Mysteries of Property Boundaries: The Essential Role of Surveys in Real Estate. We are also available to answer questions by phone or email .

Buying or selling real estate in Vermont is a major financial and legal decision. Once a purchase and sale contract is signed, your rights and obligations are largely locked in. Unfortunately, many buyers and sellers sign contracts without fully understanding the risks buried in the fine print. Identifying potential red flags before signing can help you avoid costly surprises, delays, or even litigation. Below are some of the most common warning signs Vermont buyers and sellers should watch for before committing to a real estate contract. Missing or Vague Property Descriptions A Vermont real estate contract should clearly identify exactly what is being bought or sold. If the description of the property is incomplete, inconsistent with the deed, or unclear about boundaries, easements, or access rights, that is a red flag. Rural and waterfront properties in Vermont are especially prone to boundary and right of way issues that may not be obvious at first glance. If the contract references land that is not accurately described in the town land records, problems can surface during the title search or after closing. Financing Terms That Favor the Other Party Buyers should be cautious of contracts that impose unrealistic financing deadlines or limit the ability to cancel if financing is denied. Sellers should also review financing clauses carefully to ensure the buyer is genuinely qualified. A contract that lacks a clear mortgage contingency or gives one party excessive control over extensions can expose the other party to unnecessary risk. Inspection Clauses That Are Too Restrictive Home inspections are critical in Vermont due to older housing stock, seasonal conditions, and rural infrastructure. Red flags include inspection clauses that limit what can be inspected, restrict the buyer’s right to negotiate repairs, or shorten inspection deadlines unreasonably. Buyers should be especially cautious if the contract attempts to waive inspections entirely without a clear understanding of the risks involved. Unclear Closing Date or Possession Terms A well drafted Vermont real estate contract should clearly state the closing date and when possession transfers. Problems often arise when possession terms are vague or when a seller plans to remain in the property after closing without a written occupancy agreement. Ambiguity in these provisions can lead to disputes over responsibility for damage, utilities, or insurance coverage. Incomplete Disclosure Obligations A contract that attempts to limit disclosure obligations or shift responsibility entirely to the buyer may signal potential issues. While Vermont is generally considered a buyer beware state, sellers cannot contract away all disclosure responsibilities. Title Issues Are Not Properly Addressed If the contract does not clearly require a title search or fails to address how title defects will be resolved, this is a serious concern. Common Vermont title issues include old mortgages that were never discharged, missing probate transfers, boundary discrepancies, and undocumented rights of way. Without proper protections, a buyer could end up owning property with legal defects that are expensive or impossible to fix. Penalty Clauses That Are One Sided Liquidated damages provisions and default clauses should be reviewed carefully. Some contracts impose harsh penalties on buyers for minor breaches while offering little consequence for seller defaults. Any clause that seems excessively punitive or unbalanced deserves closer scrutiny. Use of Generic or Out of State Contract Forms Vermont real estate law has unique rules that differ from many other states. Contracts drafted using generic templates or forms designed for other jurisdictions often fail to account for Vermont specific requirements, local practices, and land record issues. A contract that does not reflect Vermont law may leave important gaps in protection. Pressure to Sign Quickly One of the biggest red flags is pressure to sign immediately without review. Real estate agents are skilled professionals, but they do not provide legal advice. If you are told that a deal will fall apart unless you sign right away, that is often a signal to slow down and seek legal guidance. Why Reviewing a Vermont Real Estate Contract Matters Once signed, a real estate contract is legally binding. Fixing mistakes after the fact is far more difficult and expensive than addressing them upfront. A Vermont real estate attorney can identify red flags, explain your rights, and help negotiate terms that protect your interests. At Peet Law Group , we regularly review and prepare Vermont real estate contracts for buyers, sellers, landlords, and investors. Early legal review can prevent costly disputes and help ensure your transaction closes smoothly. If you are considering signing a Vermont real estate contract and want peace of mind before moving forward, contacting an experienced Vermont real estate attorney at the Peet Law Group is a smart first step.

The start of a new year is a perfect time to set goals, and if selling your home is one of them, now is the time to prepare. As a Vermont real estate attorneys, we know the value of starting early to maximize your home's appeal. Here are five New Year’s resolution tasks to help get your house market-ready for a successful sale later this year. 1. Declutter and Organize Over time, it’s easy for clutter to accumulate, making your space feel smaller and less inviting. Start the year by: • Decluttering each room one at a time. Use the "keep, donate, or toss" method to streamline the process. • Organizing closets, cabinets, and storage spaces—potential buyers will look inside! • Removing personal items like family photos to create a neutral space that allows buyers to envision themselves in your home. 2. Deep Clean Your Home A clean home makes a great first impression. Dedicate time to: • Shampoo carpets, polish hardwood floors, and deep clean tile grout. • Wash windows inside and out to let natural light shine in. • Dust ceiling fans, light fixtures, and baseboards. • Consider hiring professional cleaners for an extra touch of sparkle, especially before listing your home. 3. Address Maintenance Issues Small issues can turn off potential buyers or lead to lower offers. Create a checklist to: • Fix leaky faucets, squeaky doors, and loose doorknobs. • Replace burnt-out light bulbs and check that all appliances are functioning properly. • Schedule an HVAC tune-up to ensure your heating and cooling systems are in top shape. • Completing these tasks demonstrates to buyers that your home has been well cared for. 4. Boost Your Curb Appeal First impressions start at the curb. Even in Vermont’s winter months, you can enhance your home’s exterior by: • Keeping driveways and walkways clear of snow and debris. • Repainting or touching up the front door and shutters if weather permits. • Adding a new welcome mat and outdoor lighting for a warm, inviting feel. • As the weather warms, plan to spruce up landscaping with fresh mulch, trimmed hedges, and blooming flowers. 5. Consult a Real Estate Professional Partnering with a real estate agent early in the process provides invaluable insights. They can: • Recommend small, cost-effective upgrades to increase your home’s value. • Provide a market analysis to set realistic expectations for pricing. • Help you stage your home for maximum appeal. Additionally, consulting a real estate attorney ensures that you’re legally prepared for the selling process. From reviewing contracts to ensuring clear title, an attorney can help make the transaction smooth and stress-free. Plan Now for Success Later Selling your home is a significant undertaking, but with thoughtful planning and these resolutions, you can make the process easier and more rewarding. By starting early, you’ll be in a strong position to attract buyers and secure the best possible price for your home. If you’re ready to take the next step, feel free to contact our office . We’re here to provide legal guidance and support throughout your real estate journey. Happy New Year, and best of luck with your home-selling goals!

The New Year is a time for fresh starts and big dreams, and if buying a home is one of your goals for the year, now is the perfect time to start planning. As a Vermont real estate attorneys, we know how important preparation is for a smooth and successful home-buying experience. Here are six New Year’s resolution tasks to help you on your journey to homeownership. 1. Evaluate Your Financial Health Buying a home is a major financial commitment, so start by getting your finances in order: • Review your credit score and credit report. Address any errors or areas for improvement. • Calculate your debt-to-income ratio to determine your borrowing capacity. • Build or maintain an emergency fund to cover unexpected expenses. • If needed, consult a financial advisor to help you set realistic goals and identify areas to strengthen before applying for a mortgage. 2. Create a Budget and Save for a Down Payment A clear budget can help you understand how much house you can afford. To prepare: • Determine your target down payment amount, typically 10-20% of the home’s purchase price. • Factor in additional costs such as closing fees, property taxes, and homeowners insurance. • Automate your savings to build your down payment fund consistently. • Remember, there are programs available for first-time homebuyers that may reduce your required down payment or provide financial assistance. 3. Get Pre-Approved for a Mortgage A mortgage pre-approval strengthens your buying power and shows sellers you’re serious. To get started: • Research lenders and compare mortgage rates and terms. • Gather necessary documentation, such as tax returns, pay stubs, and bank statements. • Understand the differences between fixed-rate and adjustable-rate mortgages to choose the best fit for your situation. • Pre-approval will also give you a clearer picture of your budget and help streamline the buying process. 4. Identify Your Home Needs and Wants Make a list of your must-haves and nice-to-haves to narrow down your search. Consider factors such as: • Location: Proximity to work, schools, and amenities. • Size: The number of bedrooms, bathrooms, and overall square footage. • Features: A backyard, energy efficiency, or specific architectural styles. • Being clear about your priorities will help you focus your search and avoid wasting time. 5. Work with a Real Estate Professional Partnering with a knowledgeable real estate agent is invaluable when navigating the housing market. They can: • Provide insights into market trends and neighborhood options. • Help you find homes that match your criteria. • Negotiate offers and guide you through the purchase process. • Start researching and interviewing agents early to find someone you trust. 6. Retain a Real Estate Attorney A real estate attorney is an essential part of the home-buying process, especially in Vermont. They can: • Review and explain purchase agreements, mortgage documents, and other legal paperwork. • Conduct a title search to ensure there are no legal issues with the property. • Assist with closing procedures to ensure all transactions are legally sound. • By retaining an attorney early in your journey, you’ll have peace of mind knowing you’re protected at every step. Plan Now to Achieve Your Homeownership Dream Buying a home is an exciting milestone, but it requires careful planning and dedication. By tackling these New Year’s resolution tasks now, you’ll set yourself up for a smooth and rewarding home-buying experience. If you’re ready to take the next step, feel free to contact our office for legal guidance. We’re here to help you navigate the home-buying process with confidence. Happy New Year, and best wishes on your path to homeownership!