Buying or Selling a Home in Vermont? Your Attorney Is an Important Part of the Process.
If you’ve bought or sold real estate in another state, you might be surprised to learn how involved attorneys are in Vermont real estate transactions.
In some states, title companies and escrow officers handle much of the closing process. In Vermont, real estate attorneys traditionally play a central role in reviewing title, preparing legal documents, coordinating closings, and making sure property ownership transfers appropriately.
And given some of the interesting quirks of Vermont real estate, that makes a lot of sense.
We’re talking about a state where properties frequently change hands without a modern boundary survey, driveways cross neighboring parcels, private roads are maintained through agreements that may be decades old, and homeowners associations sometimes exist only on paper.
Add in historic farmhouses, inherited properties, unusual easements, and deeds referencing stone walls or landmarks that may no longer exist, and you begin to understand why having an attorney involved is valuable.
I’m Erin McCormick, a Realtor with Keller Williams Vermont and the founder of Travel Like a Local® Vermont. One thing I emphasize to buyers and sellers is that a Realtor and a real estate attorney have different responsibilities, and both can play important roles in a successful transaction.
So what exactly does a Vermont real estate attorney do, why are attorneys so involved in our closings, and do you legally need to hire one?
Are Real Estate Attorneys Required in Vermont?
Let’s start with an important distinction.
Vermont real estate transactions commonly involve attorneys, particularly for title examination, deed preparation, and closing services. Certain legal services must be performed by people authorized to practice law.
However, that doesn’t mean there’s a blanket requirement that every buyer and seller must hire a separate attorney for every transaction.
The Vermont Bar Association has specifically addressed situations where a seller chooses not to retain an attorney. Those situations can be handled, but the buyer’s attorney does not automatically become the seller’s legal representative.
And that’s an important point.
The attorney handling the closing isn’t necessarily your attorney.
If you’re buying a home, I strongly recommend having an attorney who represents your interests. If you’re selling, I recommend the same.
Real estate is often one of the largest financial transactions you’ll make, and the legal work involved deserves appropriate attention.
1. Your Attorney Investigates Who Actually Owns the Property
One of the most important parts of a Vermont real estate transaction is the title search.
A title search involves reviewing recorded documents to determine the property’s ownership history and identify potential issues that could affect the transfer.
In Vermont, land records are generally maintained at the municipal level, meaning the relevant documents may be found in town or city land records rather than a centralized county recording system.
Your attorney may examine deeds, mortgages, liens, easements, restrictions, and other recorded documents that affect the property.
The goal is to determine whether the seller can convey the title required by the purchase agreement and whether there are issues that need to be resolved before closing.
Vermont’s Property Histories Can Get Interesting
Imagine purchasing a farmhouse that has been owned by the same family for generations.
The original parcel might have been divided into several properties over the years. A neighbor may have a recorded right-of-way across the land. An old mortgage might never have been properly discharged. Or a deed might contain a restriction that isn’t obvious from the listing.
These aren’t necessarily reasons to walk away from a purchase.
But they’re things you want to understand before taking ownership.
And they’re exactly the kinds of issues a real estate attorney is trained to evaluate.
2. Many Vermont Properties Don’t Have Recent Surveys
Here’s something that surprises a lot of buyers relocating to Vermont: a property may not have a recent boundary survey, and sometimes no modern survey is available at all.
A deed might describe the land using old measurements, neighboring properties, iron pins, stone walls, or historical landmarks.
That can be perfectly normal in Vermont, particularly with older rural properties.
But it also means that the boundaries shown on a tax map or suggested by a fence line aren’t necessarily the legally established property boundaries.
A title search and a survey serve different purposes.
Your attorney can review the recorded legal description and identify potential title concerns, but a title search doesn’t physically locate the boundaries on the ground.
If boundaries are uncertain or you plan to build, subdivide, or make improvements near a property line, a licensed surveyor may be necessary.
Your attorney can help you understand when those questions warrant additional investigation.
3. Private Roads, Rights-of-Way, and Easements Can Complicate Things
Some of Vermont’s most beautiful properties are located on private roads or accessed by shared driveways.
And while I love a scenic dirt road as much as anyone, access isn’t something you want to take for granted.
A driveway may cross land owned by someone else. A private road might serve several properties, each with different rights and responsibilities.
Sometimes there’s a detailed maintenance agreement. Sometimes the neighbors have been splitting the plowing bill informally for thirty years.
And sometimes nobody is entirely sure what the original agreement says.
What Does Your Deed Actually Allow?
An attorney can help determine whether the property has documented legal access, what easements exist, and whether recorded agreements establish maintenance responsibilities or restrictions.
For example, a property might have a right-of-way for access, but the scope of that right may need closer examination if a buyer plans to expand the property’s use.
Or a shared road might have an agreement requiring homeowners to contribute toward maintenance and repairs.
These are legal questions, not simply real estate marketing details.
And in a state where dirt roads and private access are common, they’re particularly important.
4. The HOA That Exists on Paper
Here’s another Vermont real estate scenario I’ve encountered: the homeowners association that technically exists, but doesn’t appear to do much of anything.
Maybe a rural subdivision was created decades ago, and an HOA was established to maintain a private road or common land.
The association appears in the recorded documents, but there hasn’t been a meeting in years. Nobody collects regular dues, there’s no active board, and the neighbors handle maintenance through informal arrangements.
Does that mean the HOA no longer exists?
Not necessarily.
Recorded covenants, restrictions, and obligations may remain legally relevant even if the association isn’t actively operating.
An attorney can review the governing documents and help determine what obligations or restrictions may affect the property.
That’s particularly important if you’re planning to make improvements, use the property in a particular way, or need to satisfy a lender’s requirements.
And if you’re selling a property with an inactive HOA, having an attorney help clarify the situation before closing can prevent unnecessary surprises.
5. Your Attorney Reviews the Legal Documents
Buying or selling a home involves more paperwork than most people realize.
There’s the purchase and sale agreement, amendments, financing documents, title-related paperwork, deeds, disclosures, and closing documents.
Some of those documents establish obligations that continue well beyond the closing date.
A real estate attorney can explain the legal implications of the documents you’re signing and advise you when an issue requires a change, clarification, or additional protection.
What About the Purchase and Sale Agreement?
As a Realtor, I help my clients negotiate offers, contingencies, timelines, and transaction terms within the scope of my professional role.
But a real estate agent isn’t a substitute for an attorney when legal interpretation or individualized legal advice is needed.
If a transaction involves an unusual contingency, a complicated ownership structure, a title dispute, or another legal issue, that’s when having the right attorney becomes especially valuable.
The goal is for everyone involved to work within their expertise.
6. Attorneys Help Resolve Title Problems Before Closing
Not every title search comes back without questions.
An attorney might discover an old mortgage that was never formally discharged, an unresolved lien, an inconsistency in a deed, or a recorded restriction that needs further review.
Sometimes the solution is straightforward.
Other times, additional documents, signatures, negotiations, or legal work may be required.
The important thing is identifying those issues before ownership changes hands.
For sellers, this is one reason I encourage addressing known title concerns early rather than waiting until a closing date is approaching.
A problem that could have been resolved with sufficient lead time becomes much more stressful when movers are scheduled and everyone expects to close on Friday.
7. Your Attorney Coordinates the Legal Side of Closing
In a typical Vermont real estate closing, attorneys are involved in preparing and reviewing the documents needed to transfer ownership and satisfy applicable closing requirements.
On the seller’s side, this may include preparing the deed, obtaining mortgage payoff information, addressing liens, and reviewing closing figures.
On the buyer’s side, the work may include examining title, coordinating with the lender, addressing title insurance requirements, reviewing closing documents, and arranging for the appropriate recording of documents.
Depending on the transaction and the professionals involved, attorneys or settlement agents may also coordinate the receipt and disbursement of closing funds.
There’s quite a bit happening behind the scenes before everyone sits down to sign.
And while closing day might feel like a whirlwind of signatures, the legal preparation leading up to it is what helps make the transfer possible.
8. What About Title Insurance?
Title insurance is another area where attorneys often play an important role.
Unlike homeowners insurance, which generally protects against certain future events, title insurance addresses covered risks relating to ownership and title.
There are different types of policies, including lender’s title insurance and owner’s title insurance.
A lender may require a policy protecting its mortgage interest, but that policy doesn’t provide the same protection to the homeowner as an owner’s policy.
A Vermont real estate attorney can explain the available coverage, applicable requirements, and whether an owner’s policy makes sense for your circumstances.
It’s also important to understand that title insurance doesn’t replace a survey, property inspection, or every other form of due diligence.
9. Attorneys Can Be Especially Important With Vermont’s Unique Properties
Not every Vermont property fits neatly into a standard transaction.
We have historic farmhouses, lakefront homes, ski properties, working farms, land enrolled in Current Use, properties with shared infrastructure, and parcels that have been divided or transferred within families over generations.
A transaction may involve inherited ownership, an estate, a trust, multiple sellers, boundary concerns, or restrictions on future development.
And if you’re buying land with plans to build, you may need to understand easements, deed restrictions, and other legal limitations in addition to zoning and wastewater permitting.
A real estate attorney can help evaluate the legal aspects of these situations and identify when other professionals should be involved.
Not every issue is a legal issue, of course. Septic capacity may require a wastewater designer, boundaries may require a surveyor, and building conditions require qualified inspectors.
But your attorney can be an important part of coordinating the legal questions that arise from those findings.
10. Should the Buyer and Seller Use the Same Attorney?
In a typical arm’s-length real estate transaction, buyers and sellers have different interests.
The buyer wants to acquire the property under acceptable terms, with appropriate protections. The seller wants to convey the property, satisfy their obligations, and receive the agreed-upon proceeds.
Those interests may align in many ways, but they aren’t identical.
The Vermont Bar Association has expressed the view that representing both buyer and seller in the same real estate transaction is generally inappropriate because of potential conflicts of interest.
That’s why I encourage buyers and sellers to understand exactly whom an attorney represents.
An attorney who is handling closing paperwork or communicating with both parties doesn’t necessarily provide legal representation to everyone involved.
And if the other party’s attorney asks you to sign something you don’t understand, it’s appropriate to seek advice from your own counsel.
11. How Much Does a Real Estate Attorney Cost in Vermont?
Attorney fees vary depending on the transaction, the scope of representation, and the complexity of the legal work.
A straightforward residential purchase may involve different fees from a transaction requiring extensive title research, complicated easement analysis, estate documentation, or the resolution of existing title defects.
Buyers may also encounter separate charges for title examination, title insurance, recording, and other closing-related services.
I recommend asking for a written explanation of anticipated fees and what’s included.
The cheapest quote isn’t necessarily the best value if the scope of services is substantially different.
And while attorney fees are another expense to account for when buying or selling, I view appropriate legal representation as an important part of protecting a significant financial transaction.
12. Your Realtor and Your Attorney Have Different Jobs
One of the things I appreciate about Vermont real estate is the collaborative relationship between experienced Realtors and real estate attorneys.
We approach the transaction from different perspectives.
As your Realtor, my role includes helping you understand the market, evaluate properties or pricing, negotiate terms, coordinate the transaction, and navigate the practical details of buying or selling.
Your attorney handles the legal matters within the scope of their representation, including title questions, legal documents, and advice about your rights and obligations.
An attorney doesn’t replace a Realtor’s market knowledge, pricing strategy, negotiation experience, or marketing expertise.
And a Realtor doesn’t replace an attorney’s legal training.
The strongest transactions benefit from professionals who communicate effectively, recognize issues early, and understand where their responsibilities begin and end.
My Advice? Get Your Attorney Involved Early.
One of the biggest mistakes buyers and sellers can make is treating the attorney as someone who only needs to appear at the closing table.
By that point, many important decisions have already been made.
If you’re buying a property with a complicated right-of-way, an inactive HOA, unclear boundaries, or unusual ownership arrangements, it’s worth getting legal guidance before those issues become urgent.
And if you’re selling a property with known title concerns, inherited ownership, or complicated documentation, addressing those questions before listing can help avoid delays later.
I believe in being proactive rather than reactive.
The more we can understand and prepare before a transaction gets underway, the better positioned everyone is to make informed decisions.
Vermont Real Estate Has Its Quirks. That’s Why the Right Team Matters.
One of the things I love about Vermont is that our properties have character.
We have old farmhouses with generations of history, mountain properties accessed by winding private roads, parcels defined by stone walls, and homes with arrangements that have worked informally between neighbors for decades.
But when those properties change hands, the legal details matter.
A right-of-way isn’t just a driveway. A deed restriction isn’t just a line of fine print. And a homeowners association that hasn’t held a meeting in twenty years may still have legal significance.
That’s why I believe having an experienced Vermont real estate attorney involved is such an important part of buying or selling here.
As a Realtor with Keller Williams Vermont and the founder of Travel Like a Local® Vermont, my goal is to help clients understand not just the homes they’re buying or selling, but the process and responsibilities that come with them.
And that includes making sure the right professionals are involved at the right time.
Because buying or selling a home in Vermont should come with good advice, clear information, and as few surprises as possible.
Let's Talk About Buying or Selling Your Vermont Home
Erin McCormick | Realtor, Keller Williams Vermont
Founder, Travel Like a Local® Vermont | Live Local Vermont
This article is intended for general educational purposes and is not legal advice. Consult a Vermont-licensed attorney about your specific transaction.