Why You Should Hire a Real Estate Lawyer
October 1, 2021

The decision to buy or sell real estate is rarely one to take lightly. It may be one of the most significant financial transactions you will make in your lifetime. When you’re planning on making such a substantial investment, we recommend you consult with an attorney experienced in all facets of real estate transactions early in the process, before finalizing any purchase or sales agreement.  Located in Middlebury, Vermont, we are knowledgeable about real estate transactions, and all other aspects of real estate law, including title disputes, zoning issues, ownership disputes, partition, and other complications that may arise. 

 

At Deppman Law PLC, our team is experienced in real estate matters, and represents clients in the purchase and/or sale of Vermont homes and commercial properties.  We also represent clients in cases involving foreclosures, evictions, partitions, title disputes, boundary disputes, other landlord-tenant disputes, and homeowners’ association issues. Benj and Lesley Deppman prepare and review contracts, negotiate terms favorable to our clients, and ensure your rights and best interests are protected every step of the way.

 

Do I Need a Middlebury Real Estate Attorney?

 

Despite our recommendation, above, in home sales and purchases, a real estate lawyer may not come into the picture until well into the process, after both parties have signed a purchase and sale agreement.  While it is not a legal requirement to work with a real estate attorney in Vermont, doing so can save you significant time, money, and stress. Real estate transactions are complicated.  Title searches and title insurance are unique to real estate.  Preparing a deed constitutes the practice of law in Vermont.  Also, there are a lot of technical tax forms and certifications that may be included in a transaction, so the vast majority of people find it advantageous to hire a lawyer to assist them through the transaction.


Even in seemingly-straightforward real estate transactions, minor errors and unintentional oversights can easily lead to costly mistakes that could have been anticipated — and avoided — by having an attorney by your side. Although not all transactions are the same, Deppman Law offers many services depending upon your needs.  We can:

  • Review your contract terms to ensure that they are fair and protect your best interests;
  • Perform a title search to determine if there are easements, covenants, liens or other encumbrances attached to the title; 
  • Issue title insurance as needed or requested;
  • Resolve title issues, often by working with the other party’s attorney;
  • Work with the lender (if applicable) to make sure their requirements are satisfied;
  • Form a business entity for you to utilize in taking title to the property; and,
  • Represent you at closing


We recommend you have a real estate attorney by your side for any type of real estate transaction. 

 

Buyers should be represented by a VT Real Estate Attorney

 

If you are a buyer involved in a real estate transaction, you should not move forward without legal representation. There are many types of real estate transactions, including purchases of:

  • Bank-owned properties;
  • Multi-family properties; 
  • Operating farms;
  • Conserved properties or properties enrolled in Vermont’s “Current Use” property tax program;
  • Residential real estate in a new subdivision with multiple permits;
  • Condominiums;
  • Properties in common interest communities;
  • Properties involved in foreclosure or requiring a short sale;
  • Properties in Vermont when you are from out of state;
  • Properties with structural issues;
  • Properties at estate sales;
  • Commercial properties; and
  • Properties with area-specific problems, such as high radon levels, or those that are located in a flood zone. 


Further, real estate transactions include many technical items, and a knowledgeable attorney will help you navigate them (e.g., warranty deed, quit claim deed, option to purchase, right of first refusal, easement, mortgagor, mortgagee, rights of way, covenants, powers of attorney, prorations, etc.).  Also, transactions involve Vermont specific taxes (real estate withholding, transfer tax, land gains tax) and federal taxes (e.g., capital gains, FIRPTA).  Certain transactions require certain disclosures, and others do not (e.g., compliance with Vermont’s carbon monoxide and smoke detector law, compliance with Vermont’s “public buildings” laws, etc.).  The Buyer’s attorney typically acts as settlement agent, and prepares the settlement statement or Closing Disclosure which itemizes all of the financial aspects of the transaction.


Sellers should be represented by a VT Real Estate Attorney

 

Sellers should retain the services of a real estate attorney when engaged in a real estate transaction.  The Seller’s attorney will help navigate the sale of property:

  • That is jointly owned, when the joint owner is uncooperative; 
  • With structural issues; 
  • With liens or judgments against it;
  • With area-specific issues, such as radon;
  • In preparing the deed, transfer tax return, required disclosures, and other tax, transfer or title clearing documents;
  • To which the Seller is an executor, agent under power of attorney, guardian, or other fiduciary. 


The Seller’s lawyer typically prepares the deed, transfer tax return, and other documents that may be needed (affidavits, certifications, certificates, powers of attorney, etc.).  The Seller’s attorney also obtains the payoff statement for any mortgage debt or lien being paid off, and makes sure a certificate of occupancy or certificate of zoning compliance is issued if the transaction requires one.  If the title search performed for the Buyer reveals a title issue, the Seller’s attorney typically works on resolving the title issue. 

 

Choosing a Real Estate Lawyer

 

Given the technical issues and the substantial assets at risk, it’s crucial to choose an experienced real estate lawyer with a good reputation.  Also, you should feel comfortable with your lawyer. Real estate law is constantly evolving, so it’s important not to hire an attorney who just dabbles in the area. 


Use the initial consultation as an interview. Ask the attorney about real estate law, how many cases they’ve handled similar to yours, how they handle communication, and what they charge for legal services. 


In addition to gathering important information and determining if the lawyer has the experience and knowledge to protect your best interests, this is also a great opportunity to gauge whether you like working with this particular individual. After all, selling and purchasing real estate can be a very personal, even emotional process; having a trusted lawyer by your side can make all the difference!   

 

Contact Deppman Law PLC Today

 

Whether you are buying a piece of bare land, a large operating farm, a commercial property, a modest condo or a multimillion Dollar residence, the legal team at Deppman Law can help. We will review your unique circumstances to ensure that your best interests are protected throughout the process.


Contact Benj or Lesley today at 802-388-6337 for a confidential consultation about your case.

October 15, 2024
Child support orders are designed to provide consistent financial support for children following the separation or divorce of their parents. However, as life circumstances change, the terms of these orders may no longer align with the current needs or capabilities of the involved parties. In Vermont, modifying child support orders is possible, but it requires adherence to certain legal standards and procedures. Understanding when and how you can seek a modification is essential for ensuring that the terms remain fair and appropriate. When Can You Modify a Child Support Order? In Vermont, you can request a modification to a child support order if there has been a significant change in circumstances. The courts recognize several reasons that might justify a modification, including: Change in Income — A substantial increase or decrease in the income of either parent can serve as grounds for modifying the child support order. For instance, if the paying parent experiences job loss, reduced work hours, or other significant financial setbacks, they may seek a reduction in the support amount. Conversely, if they receive a substantial salary increase or other windfalls, the receiving parent may request an adjustment to increase support. Change in Custodial Arrangements — Modifications may be necessary if the custodial arrangement has changed significantly. For example, if the non-custodial parent becomes the primary caregiver, the existing child support order may need to be adjusted to reflect this shift. Change in the Child’s Needs — As children grow, their needs evolve. Increased expenses related to education, healthcare, or extracurricular activities could justify a modification in the support order. New Dependents — If a parent has additional children from a new relationship or marriage, the court may consider this a factor when determining whether to modify an existing order. Health and Medical Needs — Significant changes in health conditions or medical expenses for the child or either parent can also be valid reasons for seeking a modification. How to Request a Modification Requesting a modification of a child support order involves a series of legal steps: File a Motion to Modify — To begin, the parent seeking the modification must file a motion with the Vermont family court that issued the original order. This motion should detail the changes in circumstances and include any relevant supporting documentation. Provide Supporting Evidence — It’s critical to substantiate the claim with evidence. This could include pay stubs, tax returns, medical bills, proof of job loss, or documentation of new expenses. The court will use this information to assess the validity of the modification request. Court Review and Hearing — Once the motion is filed, the court will review the request. In many cases, a hearing will be scheduled where both parties can present their evidence and arguments. It’s important to prepare thoroughly for this hearing to ensure that your case is persuasive and well-supported. Court Decision — After considering all the evidence and hearing the testimonies, the court will decide whether to approve or deny the modification. If approved, a new child support order will be issued that reflects the updated terms. I mportant Considerations Temporary Modifications — In some situations, the court may grant a temporary modification if the change in circumstances is expected to be short-term. This could apply to situations such as temporary layoffs or medical recovery periods. Legal Representation — While it’s possible to file for a modification without an attorney, seeking legal guidance can make the process smoother and increase the likelihood of a favorable outcome. A knowledgeable attorney can help gather the necessary documentation, prepare compelling arguments, and navigate any complexities that arise during the proceedings. Burden of Proof — The parent requesting the modification has the burden of proving that a substantial change in circumstances has occurred. Therefore, providing thorough and organized evidence is of the utmost importance. Why Work with Deppman Law PLC? Modifying a child support order can be challenging, especially when disputes arise or when there are complex financial issues involved. At Deppman Law PLC, we can offer invaluable assistance by: Evaluating your situation to determine if you meet the criteria for modification. Preparing and filing the necessary legal documents. Representing you in court to advocate for your interests. Child support modifications are an essential tool for adapting to life’s changes and ensuring that children’s needs continue to be met. If you’re considering a modification to a child support order in Vermont, understanding the legal process and being well-prepared can make a significant difference. For personalized assistance with modifying a child support order, contact Deppman Law, PLC today . Benj and Lesley are here to guide you through the process and help you achieve the best possible outcome for you and your family.
September 18, 2024
Buying your first home is an exciting milestone, but it can also be a complex process with many legal considerations. In Vermont, homebuyers need to be well-informed to understand the state's unique real estate market. Here are some important legal tips for first-time homebuyers in Vermont to help you make informed decisions and protect your investment. 1. Understand Your Budget and Financing Options Before you start your home search, it's essential to have a clear understanding of your budget. Speak with lenders to explore your mortgage options and secure pre-approval. Being pre-approved not only strengthens your offer but also helps you identify any potential financial or credit issues early. In Vermont, there are various local programs and first-time homebuyer incentives that may assist you, such as down payment assistance or favorable mortgage rates. Familiarize yourself with these programs to maximize your financial options. 2. Know the Legal Requirements for Home Inspections A thorough home inspection is an essential step in the homebuying process. Vermont law doesn’t mandate home inspections, but most buyers opt for one to identify any potential structural or mechanical issues. Ensure that your purchase agreement includes an inspection contingency, allowing you to negotiate repairs or withdraw your offer if significant problems are found. Choosing a reputable, licensed home inspector can make all the difference. Their report will help you understand the true condition of the property and what repairs, if any, are needed. 3. Review Property Disclosures Carefully Sellers in Vermont are required to provide property disclosures that outline known defects or issues with the home. It’s your right as a buyer to review these disclosures in detail. If the seller fails to disclose an issue that they were aware of, it could become grounds for legal action. Ensure that you thoroughly read and understand the property disclosure report. Consulting with a real estate attorney can help you interpret any potential red flags and advise you on next steps. 4. Be Aware of Local Zoning and Land Use Regulations Vermont has unique zoning laws and land use regulations that can affect what you can do with your property. Before purchasing, confirm that the property’s current and intended uses comply with local zoning ordinances. This is especially important if you plan to make significant changes, such as building an addition or running a business from your home. Consulting a real estate attorney can help you understand these regulations and avoid unexpected issues after your purchase. 5. Understand the Purchase Agreement The purchase agreement is one of the most important documents in a real estate transaction. It outlines the terms and conditions of the sale, including the purchase price, contingencies, closing date, and other critical details. First-time homebuyers should review this document carefully and seek legal advice to fully understand their obligations and rights. If any terms of the agreement are unclear or unfavorable, an attorney can help negotiate adjustments or suggest contingencies to better protect your interests. 6. Title Search and Title Insurance A title search is a critical part of the homebuying process. This search ensures that the property’s title is clear of any liens, disputes, or ownership issues. Without a clear title, your right to the property could be challenged after the sale. Purchasing title insurance is equally important. This insurance protects you from potential claims against the property that may arise after closing. Although not legally required, title insurance provides peace of mind and financial protection. 7. Budget for Closing Costs and Other Fees In addition to the down payment, first-time homebuyers need to budget for closing costs, which can include attorney fees, title insurance, recording fees, and property taxes. These costs typically range from 2% to 5% of the purchase price. Understanding what to expect and preparing for these expenses can prevent last-minute financial stress. An attorney can provide a detailed breakdown of the expected costs and ensure that you’re fully prepared for closing day. 8. Consult with a Real Estate Attorney While not mandatory, working with a real estate attorney can make the homebuying process much easier and more secure. An attorney can help review contracts, guide you through the closing process, and protect your interests in the event of any disputes. For first-time buyers, the legal complexities can be overwhelming. A knowledgeable attorney ensures that all documentation is in order, helps address any legal issues that arise, and provides peace of mind as you make one of the largest investments of your life. Contact the Real Estate Team at Deppman Law PLC Buying your first home in Vermont is an exciting journey filled with new experiences. By following these legal tips and staying informed, you can make the process smoother and more secure. For personalized guidance and support during your homebuying process, contact Deppman Law PLC today . Our experienced attorneys are here to help you navigate Vermont’s real estate market and make your dream of homeownership a reality.
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