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.