Vermont Real Estate Closings: Attorney Fee Responsibilities Explained
When buying or selling a home in Vermont, one of the most common questions is: Who pays for the real estate attorney? Vermont requires that both the buyer and seller have separate attorneys to represent their respective interests. Each party is responsible for different legal tasks, and therefore each pays their own attorney’s fees.
Buyer’s Attorney Fees in Vermont
• Reviewing the purchase and sale contract on behalf of the buyer.
• Conducting a title search to ensure the property has clear title.
• Managing the closing process, including preparing the closing statement and coordinating with the lender.
• Recording the deed, mortgage, and other necessary documents in the town or city land records.
If the buyer is obtaining a mortgage, the buyer is also responsible for paying for the attorney who represents the lender. In some cases, the same attorney may represent both the buyer and the lender, but this is only allowed if the attorney complies with Vermont’s strict dual representation rules to avoid conflicts of interest.
Seller’s Attorney Fees in Vermont
• Reviewing the purchase and sale contract for the seller.
• Preparing the deed, seller’s disclosures, and transfer tax return.
• Handling tax reporting documents associated with the sale.
• Addressing any title issues raised by the buyer’s attorney.
• Attending the closing to represent the seller and finalize the transfer.
Why Separate Attorneys Are Required
Unlike some states where one attorney may represent both sides of a real estate transaction, Vermont requires buyers and sellers to have separate legal representation. This rule ensures that each party receives independent legal advice and that their interests are fully protected throughout the transaction.
Key Takeaway
• The seller pays for an attorney to review the contract, prepare the deed and transfer tax return, resolve title issues, and attend closing.
• Both parties must have separate attorneys in Vermont.
For more information, feel free to reach out to the attorneys at the Peet Law Group with offices located in Williston and White River Junction serving all of Vermont.
Learn what a real estate attorney costs in Vermont for a home purchase, sale or refinance, including current Peet Law Group flat-fee pricing.
Selling a Vermont home with a mortgage? Learn how your mortgage is paid off at closing, how payoff statements and discharges work, and what happens if an old mortgage appears in the land records.
Learn when a Vermont seller may cancel a home sale and what can happen if a seller refuses to close.
Learn what a low Vermont home appraisal means for buyers and sellers, including financing, price negotiations, contingencies and closing options.
Peet Law Group was named Best Vermont Law Firm in the 2026 Seven Daysies Awards for the fourth consecutive year. Thank you to our clients and industry partners.
Learn what closing costs Vermont home sellers typically pay, including real estate commissions, attorney fees, mortgage payoffs, taxes, and non-resident withholding.
Learn what to review before closing on a Vermont condo purchase, including resale certificates, special assessments, association finances, insurance, rules, and more.
Learn what closing costs Vermont home buyers pay, including transfer tax, title insurance, attorney fees, lender costs, escrow deposits, and more.
Why Every Married Vermont Homeowner Should Understand Tenancy by the Entirety
Buying or Selling a Home in Vermont? Here's What Happens After the Contract Is Signed