How Liens Affect Home Purchases and How to Resolve Them

Liens and Title Searches in Vermont
When purchasing a home, one of the most critical steps in the process is conducting a title search. A title search ensures that the property’s title is clear of encumbrances or legal claims that could affect ownership. One of the most significant issues that can arise during a title search is the discovery of a lien.
Liens can complicate or even prevent a real estate transaction, making it essential to identify and resolve them before closing. As experienced Vermont real estate attorneys, we ensure that liens are properly addressed so that buyers receive a clear and marketable title to their new home.

What is a Lien?
A lien is a legal claim against a property that serves as security for a debt or obligation. If the debt is not repaid, the lienholder may have the right to foreclose on the property or take legal action to recover the amount owed. Liens are attached to the property itself, meaning they stay with the property even if ownership changes.
If a buyer unknowingly purchases a property with an outstanding lien, they could become responsible for resolving it—often at significant financial cost. That’s why a thorough title search is critical before finalizing a home purchase.

Types of Liens and How They Arise
Liens can arise from various sources, including unpaid debts, court judgments, and government claims. Below are some of the most common types of liens that may be discovered during a title search:

1. Writs of Attachment
A writ of attachment is a court-ordered lien placed on a property during a lawsuit. It is often issued when a creditor sues a property owner and seeks to secure their claim by preventing the owner from selling or transferring the property before the court case is resolved.
How It Arises:
•    A lawsuit is filed against a property owner for an unpaid debt.
•    The court issues a writ of attachment, which places a lien on the property to secure the creditor’s claim.
Resolution:
•    If the owner wins the lawsuit, the lien is removed.
•    If the creditor wins, the court may order the sale of the property to satisfy the debt.

2. Judgment Liens
A judgment lien is created when a court issues a judgment against a property owner for an unpaid debt. If the owner does not voluntarily pay the judgment, the creditor can place a lien on the debtor’s real estate.
How It Arises:
•    A creditor sues the property owner for an unpaid financial obligation.
•    The court grants a monetary judgment, and the creditor records a lien against the debtor’s property.
Resolution:
•    The lien must be paid off before the property can be sold or refinanced.
•    In some cases, the creditor may pursue foreclosure if the debt remains unpaid.

3. Tax Liens
A. Property Tax Liens
Local governments can place a property tax lien on real estate if the owner fails to pay property taxes. Property tax liens take priority over most other liens, meaning they must be satisfied before any other claims.
Resolution:
•    The property owner must pay the overdue taxes, plus interest and penalties.
•    If unpaid, the government may sell the property through a tax sale.
B. State and Federal Income Tax Liens
Both the IRS and state tax authorities can file a tax lien against a property if the owner fails to pay income taxes.
How It Arises:
•    A taxpayer owes state or federal income taxes and does not pay after receiving a demand for payment.
•    The government records a tax lien, which attaches to the taxpayer’s real estate and other assets.
Resolution:
•    The taxpayer must satisfy the tax debt, negotiate a payment plan, or seek relief through tax lien removal programs.

4. Mortgage Liens
A mortgage lien is the most common type of lien in a real estate transaction. When a buyer takes out a mortgage loan, the lender places a lien on the property until the loan is paid in full.
Resolution:
•    The lien is automatically removed when the mortgage is paid off or refinanced.

5. Mechanic’s Liens
A mechanic’s lien (or contractor’s lien) is filed by a contractor, subcontractor, or supplier who has provided labor or materials to improve a property but has not been paid.
How It Arises:
•    A homeowner hires a contractor for renovations or repairs.
•    The homeowner fails to pay, and the contractor files a lien to secure the debt.
Resolution:
•    The owner must settle the unpaid bill or challenge the lien in court.

6. Homeowners Association (HOA) Liens
If a property is part of a homeowners association (HOA) or condominium association, the owner is responsible for paying association fees, dues, and special assessments. If these payments are not made, the HOA can place a lien on the property and, in some cases, initiate foreclosure proceedings.
How It Arises:
•    The homeowner fails to pay HOA dues, fees, or special assessments.
•    The HOA records a lien against the property, securing its right to collect the unpaid amounts.
Resolution:
•    The homeowner must pay the overdue amounts (including late fees, interest, and legal costs) to remove the lien.
•    Some HOAs may allow a payment plan or negotiate a settlement.
•    In extreme cases, if the debt is not resolved, the HOA may foreclose on the property, even if the mortgage is current.

How Are Liens Resolved?
Liens must be cleared before a property can be transferred with a clean title. The most common methods of resolution include:
✅ Paying Off the Debt – The easiest way to clear a lien is for the property owner to pay off the underlying debt.
✅ Negotiating a Settlement – In some cases, lienholders may accept a reduced amount to release the lien.
✅ Filing a Lien Release or Satisfaction – Once a lien is paid, the lienholder must file a release or satisfaction of lien with the appropriate recording office.
✅ Legal Action or Court Order – Some liens, particularly those resulting from disputes, may require a lawsuit or court order for resolution.
✅ Title Insurance – In cases where liens are missed during a title search, an owner’s title insurance policy can protect the buyer from financial loss.

Vermont Home Seller Checklist
October 10, 2025
Selling your home in Vermont has lots of moving parts. Use this practical, Vermont-specific checklist to understand each stage—from choosing your team to handing over the keys. It also highlights where a Vermont real estate attorney keeps your sale smooth, compliant, and on schedule. 1) Hire Your Team Early Select a Vermont-licensed listing real estate agent who knows your market. Engage a Vermont real estate attorney at the same time. Your attorney drafts or reviews offer terms, handles title payoff and curatives, prepares the deed and transfer documents, and coordinates closing logistics. 2) Get the Property Ready Declutter, make sensible repairs, and gather key documents (any well/septic permits, past service records, association documents, leased items, utility info). A light pre-listing tune-up helps your days-on-market and inspection negotiations later. 3) Complete Required Disclosures Provide all legally required disclosures and any material facts you know about the property. If the dwelling was built before 1978, federal law requires a Lead-Based Paint Disclosure (including giving buyers the EPA pamphlet and an inspection/assessment opportunity). Other disclosures are often required which your Realtor and attorney can assist with. 4) Confirm Smoke & CO Detector Compliance (Before Closing) Vermont law requires photoelectric smoke detectors near bedrooms and on each level and carbon monoxide detectors near bedrooms in one- and two-family dwellings at transfer. Install per manufacturer instructions and test them well before closing. 5) Understand Who Pays the Property Transfer Tax In Vermont, the buyer typically pays the Property Transfer Tax at closing (parties may negotiate otherwise). 6) Prepare for Nonresident Seller Withholding (If Applicable) If you’re not a Vermont resident, the buyer must generally withhold 2.5% of the sale price (or a gain-based amount under current rules) and submit it to the Vermont Department of Taxes using Form RW-171—unless an exemption applies. Your attorney will help determine eligibility for exemptions and handle filings. 7) Consider Vermont Land Gains Tax (Special Situations) If you’re selling subdivided land held less than six years, Vermont’s Land Gains Tax may apply, with rates that decrease as holding period increases; there are exemptions. Your attorney will evaluate quickly so there are no surprises at closing. 8) Water & Wastewater: Permits and Records Have well and septic information ready (permits, “WW” numbers, as-built, service records). Buyers and attorneys often verify systems through the State’s wastewater records, and clean documentation speeds title clearance. 9) Handle Offers and Contract Terms When an offer arrives, confirm price, deadlines, what conveys, inspection and financing timelines, appraisal language, rent-backs if needed, and remedies for default. Your attorney will review the contract to be sure the terms are fair and your interests are protected. 10) Home Inspection Response Expect requests for repairs or credits. Decide what’s reasonable relative to market conditions and disclosure obligations. Your attorney drafts changes to the contract, keeps contingency dates on track, and protects you from open-ended repair obligations. 11) Appraisal and Access If the buyer has financing, an appraisal will be ordered. Keep access simple, confirm utilities are on, and address any agreed repairs promptly so the buyer’s loan can be cleared to close. 12) Title Payoffs and Curatives Your attorney orders mortgage and lien payoffs, resolves municipal items, confirms association balances, and ensures discharges and releases will record. If your can’t be present for closing, your attorney can prepare a limited Power of Attorney appointing a person to sign closing documents on your behalf. 13) Closing Package and Proceeds Your attorney prepares the warranty deed, Property Transfer Tax Return, nonresident withholding forms (if needed), affidavits, disclosures and reviews the closing statement. Confirm your wire instructions directly with the law firm via a verified channel to avoid fraud. (We use secure processes to protect you.) 14) Closing Day Sign the closing documents with the assistance of your attorney. Once the buyer’s funds arrive and the deed is released for recording with the Town/City Clerk, your proceeds are disbursed by wire or check the same day in most transactions. 15) After Recording Keep a copy of your final settlement statement for taxes. If you sold a primary residence, talk with your tax advisor about the federal home-sale exclusion (up to $250,000 for single filers or $500,000 for joint filers if eligibility is met). Investment or rental property sales may involve depreciation recapture or 1031 exchange considerations.
Vermont home buying checklist
October 1, 2025
Buying a home in Vermont is exciting, but there are a lot of moving parts. Use this practical checklist to understand each step from the first conversation with a lender to walking out with the keys. This guide reflects how purchases typically proceed in Vermont and highlights where a Vermont real estate attorney adds value. 1) Consult a Mortgage Lender to Learn What You Can Afford Start with a lender conversation to set a realistic price range and monthly payment. Ask about estimated interest rate, points, closing costs, down payment options, and whether your loan has any special underwriting requirements that could affect timing. 2) Obtain a Pre-Qualification or, Preferably, a Pre-Approval Letter Pre-qualification is an estimate based on self-reported info. A pre-approval verifies income, assets, credit, and debts, making your offer stronger. Make sure the letter reflects the price range you intend to offer and is current. 3) Hire a Local Realtor Choose a Vermont-licensed buyer’s agent who knows your target towns and current market conditions. A good agent helps evaluate value, draft the offer, negotiate contingencies, and coordinate inspections and access. 4) Make an Offer Your offer will include price, earnest money, proposed closing date, financing and inspection contingencies, items to remain with the property, and deadlines. Be specific on what happens if issues are found and how deposits are handled. 5) Hire a Vermont Real Estate Attorney In Vermont, buyers commonly engage counsel early. Your attorney explains contract terms, negotiates protective language, tracks deadlines, reviews title, and coordinates closing, taxes, and recording. Engaging counsel promptly keeps the transaction on schedule. 6) Attorney Contract Review Your attorney reviews the Purchase and Sale Contract for timeline feasibility, inspection and financing protections, title and survey provisions, well and septic language where applicable, and remedies for default. If needed, your attorney proposes addenda or amendments to fix gaps before everyone is committed. 7) Submit the Full Mortgage Application Turn your pre-approval into a complete application. Provide signed disclosures, updated pay stubs, tax returns, bank statements, and any documentation your lender requests. Confirm the loan program and lock strategy. 8) Stay On Top Of Lender Requests For Information Underwriting is document-driven. Respond quickly to conditions such as large-deposit letters, updated statements, homeowners insurance binder, and verification of employment. Delays here are a leading cause of missed closing dates. 9) Appraisal The lender orders an appraisal to confirm value supports the loan. If it comes in low, options include price negotiation, a larger down payment, or reconsideration of value with additional comps. Your contract should address what happens if value is short. 10) Home Inspection Schedule licensed inspections promptly within your contingency period. Typical inspections include general home, radon, water quality, and septic where applicable. Your attorney and realtor can help draft a repair request or price concession based on results. 11) Title Search Your attorney orders a title search to confirm the seller can convey clear, marketable title and to identify mortgages, liens, easements, covenants, boundary or right-of-way issues, and municipal permit matters that must be addressed before closing. 12) Review the Title Opinion or Title Insurance Commitment You will receive a title opinion or a title insurance commitment showing required “title curatives,” such as discharges of prior mortgages or releases of liens. Your attorney works with the seller’s side to clear these items. Ask about lender’s and owner’s title insurance coverage, exceptions, and one-time premium cost. 13) Closing Preparation A few days before closing, confirm your final loan terms, cash to close, and wiring instructions. Review your closing disclosure, homeowners insurance, and any association documents. Schedule a final walk-through to verify condition and agreed repairs. 14) Closing In Vermont, closings typically occur at the attorney’s office or lender’s office. You will sign the note, mortgage, and other lender documents, as well as the closing disclosure. Your funds are usually wired the morning of closing. Your attorney confirms that title requirements are satisfied and that the deed and mortgage are in recordable form. 15) Recording After signing and funding, the deed and mortgage are submitted to the Town or City Clerk for recording. Recording creates public notice of your ownership and the lender’s security interest. Your attorney also handles Vermont forms and municipal requirements as applicable. 16) Keys Once the closing is complete and documents are released for recording, you receive the keys and access instructions. Change exterior locks soon after possession, set up utilities, and store your closing package and title policy safely. If you want a clean, worry-free closing in Vermont, Peet Law Group can help with contract review, title search, title insurance, and the entire closing process. We serve buyers across the state from our offices in Williston and Hartford (White River Junction). Contact us today at: https://www.peetlaw.com/schedule-real-estate-lawyer-consultation
Peet Law Group Real Estate Fraud Protection with Closinglock
September 23, 2025
At Peet Law Group, protecting our clients is our highest priority. Real estate transactions are often the largest financial decisions people make, and unfortunately, real estate fraud continues to rise nationwide. That is why we are proud to announce that we are now using Closinglock, a leading secure communications platform for real estate transactions. Why We Chose Closinglock Our firm constantly looks for ways to safeguard sensitive information and provide peace of mind to our clients. Traditional methods of sending documents and wiring instructions by email or fax have become vulnerable to phishing scams and cybercrime. Closinglock addresses these risks by replacing unsecure communication methods with a modern, encrypted platform that keeps your personal information safe. How Closinglock Benefits Our Clients When you work with Peet Law Group, you can expect a more secure closing experience. Closinglock allows us to: • Verify identity securely to prevent impersonation fraud. • Share documents electronically without risk of phishing or tampering. • Provide step-by-step guidance so you always know what to expect next. • Reduce fraud risk at every stage of the closing process through encrypted, auditable communications. Our Commitment to Security Our focus is on the communication, document sharing, and identity verification tools that Closinglock provides. These are the features that bring the greatest value to our clients while avoiding unnecessary costs. Peace of Mind in Every Transaction Buying or selling a home should be exciting—not stressful. By partnering with Closinglock, Peet Law Group is raising the bar for security and client care. Every closing we handle now comes with the added protection of this innovative platform, ensuring that your information and your transaction remain safe from start to finish. If you have questions about how Closinglock works or how it will enhance your experience with Peet Law Group, we invite you to reach out to our offices in Williston or Hartford (White River Junction), Vermont. www.peetlaw.com
Vermont mortgage refinance
September 19, 2025
After two years of elevated borrowing costs, there is finally good news for homeowners. Mortgage rates have been trending lower in September, and refinancing activity has jumped. Freddie Mac’s weekly survey reported the average 30-year fixed at about 6.26 percent on September 18, 2025, the lowest since last fall. Refinances now make up the largest share of applications since early 2022. The Mortgage Bankers Association likewise reported that average 30-year rates fell to the low-6s in mid-September and that refinance applications surged week over week. Several outlets attribute the decline to easing inflation, softer labor data, and the Federal Reserve beginning to cut its policy rate again, which has pulled down longer-term Treasury yields that drive mortgage pricing. Why refinancing may make sense now Lower rates can reduce your monthly payment, shorten your loan term without a big payment increase, or allow you to switch from an adjustable rate to a fixed rate for payment stability. If you have significant equity, a cash-out refinance can consolidate higher-interest debt into a single mortgage while still lowering your overall borrowing cost. The precise math depends on your current rate, remaining term, and closing costs, so you should run the numbers with your mortgage loan officer. Recent market data showing rates in the low-6s has reopened opportunities that did not make sense earlier this year. Talk to your lender first Every refinance is unique. Start with your local mortgage loan officer to compare today’s pricing, and loan options against your existing mortgage. Ask for a break-even analysis that shows how many months it will take for your monthly savings to recover your closing costs. If you are close to selling the home, that timeline matters. Market watchers expect mortgage rates to improve if bond yields continue to ease, but rates move daily, so a written quote and a clear lock strategy are essential. Title work, closing, and a common way to cut costs When you refinance in Vermont, you still need a new title search and a lender’s title insurance policy. That is where Peet Law Group can help. From our offices in Williston and Hartford (White River Junction), our real estate team conducts title searches statewide, handles your refinance closing, and issues lender’s title insurance through top national underwriters. Many refinance files qualify for a reissue-rate discount on the lender’s title insurance premium. This is a filed discount that applies when certain conditions are met, often because there is an existing title policy on the property. The potential savings can be meaningful. How Peet Law Group supports your refinance Peet Law Group coordinates with your lender and the title insurer to move your refinance from application to closing. We conduct the title search, clear any issues, prepare closing documents, collect and disburse funds, and record the new mortgage. Because we handle Vermont refinance closings every week, we can also spot opportunities to lower your closing costs, including reissue-rate discounts when available. Next steps 1. Contact your mortgage loan officer and request a refinance quote, including an estimate of closing costs and a break-even calculation tied to your goals. Current data suggests rates are more favorable than earlier this year, but your numbers drive the decision. 2. Reach out to Peet Law Group to handle your title search and closing. Ask us to review whether your file qualifies for a reissue-rate discount on the lender’s title insurance premium under Vermont’s filed rates. Peet Law Group serves homeowners across Vermont from our Williston and Hartford offices. If you are considering a refinance, we are ready to coordinate with your lender and guide you from title search through a smooth closing. www.peetlaw.com
Attorney Title Search in Vermont Land Records
September 13, 2025
When you’re buying real estate in Vermont, one of the most important steps in the process is the title search. A title search confirms that the seller truly owns the property and has the legal right to transfer it. It also uncovers any issues—like old mortgages, liens, or rights-of-way—that could affect your ownership. A common question we hear is: “Do I really need an attorney to do a title search in Vermont?” The answer is yes. Here’s why. Vermont Is an Attorney Closing State In Vermont, real estate closings must be overseen by a licensed attorney. This means that unlike in some other states where title companies handle closings, Vermont attorneys are involved from start to finish. Because the title search is the foundation of every closing, it is performed by attorneys or their staff under the attorney’s supervision. Vermont Land Records Are Unique—and Complicated Unlike many states that have a centralized recording system, Vermont’s land records are kept town by town at each town clerk’s office. These records go back centuries and often include old handwritten deeds, boundary disputes, and easements. Understanding these documents requires legal training, especially when the language is outdated or when property lines overlap. Hidden Problems Can Create Big Risks A proper title search does more than collect deeds. It requires legal interpretation of what those documents mean. Common issues that an attorney looks for include: • Undischarged mortgages that were never properly released • Old rights-of-way or easements that could limit your use of the property • Probate or heirship problems when property passed through an estate • Vermont-specific liens and taxes, such as Property Transfer Tax, Land Gains Tax, or Current Use Program obligations Without a lawyer’s knowledge, these problems might not be discovered until after the closing—when it’s too late. Lenders and Title Insurance Companies Require It If you are financing your purchase, your lender will require a title search and a legal opinion from a Vermont attorney. Likewise, title insurance companies will not issue a policy unless a Vermont lawyer has reviewed the title and provided a professional opinion. This protects everyone involved—buyer, seller, and lender—by making sure the title is marketable. Attorneys Provide an Extra Layer of Protection When you hire an attorney to conduct your title search, you’re not just paying for documents to be pulled from the land records. You’re getting a legal opinion backed by the attorney’s professional liability. If a mistake is made that results in financial loss, the attorney can be held responsible—providing you with an added layer of protection beyond your title insurance. The Bottom Line In Vermont, a title search is not a DIY project or something that a title company can handle on its own. Only a Vermont attorney can perform the thorough and reliable title search that lenders, title insurance companies, and buyers depend on. At Peet Law Group, our experienced Vermont real estate attorneys handle every step of the title search and closing process. With offices in Williston and Hartford (White River Junction) serving all of Vermont, we guide buyers and sellers through one of life’s biggest transactions with confidence and peace of mind. To learn more about title searches, visit our website at: https://www.peetlaw.com/title-search-services Thinking about buying or selling property in Vermont? Contact Peet Law Group today to schedule a consultation and learn how our attorneys can help protect your investment. www.peetlaw.com
Vermont Real Estate Purchase and Sale Agreements prepared by the Peet Law Group
August 31, 2025
When buying or selling a home in Vermont, one of the most important documents in the process is the Purchase and Sale Agreement. This contract outlines the terms of the deal: the purchase price, closing date, contingencies, and each party’s responsibilities. But who actually prepares the agreement in Vermont, and why does it matter? The Standard Form in Vermont: The Vermont Realtors® Association Contract In most Vermont transactions, licensed real estate agents use the Vermont Association of Realtors® Purchase and Sale Contract. This standardized form is widely accepted in the state because it reflects Vermont laws and common practices. Importantly, the contract typically includes an attorney review contingency, which ensures that buyers and sellers have the opportunity to have their Vermont real estate attorney review the agreement before it becomes binding. The Role of the Buyer’s Attorney Even when a realtor prepares the initial draft, the buyer’s attorney plays a central role. The attorney reviews the Purchase and Sale Agreement to confirm that the terms are clear, legally compliant, and protective of the buyer’s interests. Attorneys may also prepare the Purchase and Sale Agreement directly in situations where no realtor is involved — such as a private sale or a complex deal requiring customized terms. Why Online Templates and Out-of-State Forms Are a Problem It might be tempting to use a “free” contract found online. However, these generic templates often create serious problems in Vermont real estate transactions: • They may ignore Vermont law and customs, which govern how real estate is transferred. • They frequently assign fees and costs to the wrong party, leaving buyers or sellers surprised at closing. • They may omit important contingencies, such as an attorney review, inspections, or financing protections. Using the wrong form can lead to costly disputes, delayed closings, or even failed transactions. How the Peet Law Group Can Help At the Peet Law Group, we understand the importance of starting your real estate transaction with the right contract. That’s why we offer review or preparation of Purchase and Sale Agreements at no additional charge when you hire us for your Vermont closing. Whether your Realtor provides the Vermont Association of Realtors form or you need a fully customized agreement drafted, our attorneys ensure your contract is legally sound, fair, and tailored to your specific deal. The Purchase and Sale Agreement sets the stage for your entire real estate transaction. In Vermont, it’s best prepared using the Vermont Realtors® Association contract with attorney review or drafted directly by a Vermont real estate attorney. Avoid the risks of online forms and out-of-state templates. With offices in Williston and White River Junction, the attorneys at Peet Law Group are here to protect your interests and guide you through every step of the process. For more information regarding Vermont Purchase and Sale Agreements, visit our website at https://www.peetlaw.com/purchase-and-sales-contract or contact our office for assistance drafting a contract today. www.peetlaw.com
Real Estate Law Firm of Peet Law Group named Best Vermont Law Firm
August 30, 2025
Peet Law Group is proud to share some exciting news—we have been voted the Best Law Firm in Vermont in the 2025 Seven Daysies Awards. For the third year in a row, Vermonters have chosen our firm as their top pick, a recognition that means a great deal to our entire team. Being recognized in this way by the readers of Seven Days is not only an honor, but also a reflection of the strong relationships we’ve built with our clients and our community. This award highlights what matters most to us: delivering exceptional service and peace of mind in every real estate transaction. At Peet Law Group, we help buyers, sellers, and property owners across Vermont with all aspects of residential real estate law, from contract review and title searches to closings and title insurance. With offices in Williston and White River Junction, we are proud to serve clients in every corner of the state. The Seven Daysies Awards are highly competitive, with many well-regarded law firms represented. To be chosen once again as the best is both humbling and inspiring. It reminds us that the trust and confidence Vermonters place in our work is the foundation of our success. We are grateful to everyone who supported us with their votes and to all of our clients who continue to put their confidence in our firm. This recognition strengthens our commitment to providing outstanding service, informed legal guidance, and the personalized attention that makes each real estate transaction as smooth and successful as possible. At Peet Law Group, being voted Vermont’s Best Law Firm is more than an award—it is a reminder of why we do what we do and the community we are proud to serve.
Who pays for Vermont Real Estate Attorney Fees?
August 24, 2025
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 In Vermont, the buyer hires and pays for a real estate attorney to handle key parts of the closing process. The buyer’s attorney’s role typically includes: • 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 The seller hires and pays for their own real estate attorney. The seller’s attorney focuses on protecting the seller’s interests and preparing documents needed to transfer the property. Typical responsibilities include: • 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 buyer pays for an attorney to review the contract, conduct the title search, oversee the closing, record documents, and often represent the lender. • 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. Understanding who pays for the Vermont real estate attorney—and why—can help buyers and sellers budget appropriately and ensure a smooth transaction. 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. For more information about Vermont real estate closings, reach out to the experienced attorneys at Peet Law Group. With offices in Williston and White River Junction, we serve home buyers and sellers across Vermont. www.peetlaw.com
What Does a Real Estate Attorney Do in Vermont?
July 26, 2025
If you're buying or selling a home in Vermont, you’re likely feeling a mix of excitement and uncertainty. Real estate transactions come with a lot of paperwork, deadlines, and unfamiliar legal terms. That’s where a Vermont real estate attorney comes in. From reviewing your contract to guiding you through closing day, an experienced Vermont real estate lawyer ensures that each step is completed properly, helping avoid problems that could lead to disputes, delays, or financial loss. One of the key tasks a real estate attorney handles is reviewing or preparing the purchase and sale agreement. This contract is legally binding and contains crucial details such as financing contingencies, inspection deadlines, closing dates, and the division of closing costs. A knowledgeable attorney can explain these provisions clearly, flag potential risks, and negotiate modifications when needed. Title work is another important part of the process. Attorneys in Vermont are responsible for conducting title searches to ensure the seller has clear ownership of the property and that no liens, permit violations, unexpected easements or other title issues affect the transaction. In most cases, attorneys also coordinate the issuance of title insurance to protect both buyers and lenders from unforeseen claims. As closing day approaches, the attorney oversees the process of gathering and preparing documents, ensuring compliance with Vermont’s legal requirements. This includes reviewing the deed, mortgage paperwork, and settlement statement, and coordinating with banks, municipalities, and other parties to ensure everything is ready for a smooth transfer of ownership. The attorney typically conducts the closing, making sure funds are disbursed properly and the deed is recorded. Vermont real estate attorneys also assist when legal issues arise, whether it’s a dispute over a failed inspection, a question about property boundaries, or an issue with a septic permit. In situations like these, having a lawyer involved early on can make the difference between a successful closing and a costly setback. First-time buyers, out-of-state purchasers, and second-home investors often find the attorney’s guidance especially valuable. Vermont real estate laws can differ significantly from those in other states, so having a local legal professional involved provides clarity, confidence, and peace of mind. In short, a Vermont real estate attorney ensures that your transaction is legally sound, that your rights are protected, and that you’re fully informed every step of the way. Whether you're buying a single-family home, refinancing your mortgage, or selling a seasonal property, legal representation is a critical part of making sure your investment is secure. If you're planning a real estate transaction in Vermont, it's wise to consult a qualified attorney early in the process. With the right legal partner, you can avoid surprises and ensure a smooth, stress-free closing. For more information or assistance with your real estate transaction, contact the Peet Law Group at 802-860-4767 or www.peetlaw.com.
Vermont Title Insurance
July 25, 2025
When you're buying or refinancing a home in Vermont, one of the standard closing costs you'll encounter is title insurance. While it might not be as well-known as other parts of the real estate transaction, title insurance plays a critical role in protecting your investment. It’s important to understand what it covers and how its cost is determined. What Is Title Insurance? Title insurance is a type of protection that guards against potential legal or financial issues with the property’s title. These issues might include past liens, unpaid taxes, errors in public records, forged signatures, or even undisclosed heirs claiming ownership. While a title search is performed to uncover any problems before closing, some issues can remain hidden. Title insurance offers peace of mind by covering you against these unforeseen claims. There are two types of policies you might encounter: • Owner’s Policy – This protects you, the homeowner, against covered title problems for as long as you or your heirs own the property. It is optional but strongly recommended for buyers. • Lender’s Policy – This is required by most mortgage lenders and protects the lender’s interest in the property until the mortgage is paid off. It does not protect the homeowner. While the lender’s policy is usually required, the owner’s policy is what protects your personal investment in the property. Purchasing both policies at the same time often qualifies for a discounted rate. How Much Does Title Insurance Cost? The cost of title insurance in Vermont depends on several factors, including the purchase price of the property or the amount of the mortgage loan. Title insurance is a one-time premium paid at closing and does not need to be renewed. Rather than quoting general rates—which can vary depending on the details of your transaction—we recommend using the official rate calculator provided by Vermont Attorneys Title Corporation. This easy-to-use tool can give you an accurate estimate for your specific situation: 👉 Click here to use the Title Insurance Rate Calculator Whether you’re buying or refinancing your mortgage, this tool can help you plan for closing costs with greater confidence. Refinance Discount If you're refinancing an existing mortgage, you're typically eligible for a 40% discounted title insurance premium. This discount applies to the lender’s policy and can help reduce your closing costs. It's important to note that this discount typically only applies when refinancing a property you already own. While title insurance might seem like a small piece of the larger real estate puzzle, it offers valuable protection for one of your most important investments - your home. If you’re buying or refinancing property in Vermont, be sure to consider both types of policies and consult your attorney or title insurance provider about coverage options. At Peet Law Group, we help clients throughout Vermont navigate real estate transactions with clarity and confidence. If you have questions about title insurance or would like help understanding your closing costs, our team is here to assist you every step of the way.