Key Takeaways

  • Vermont follows the Statute of Frauds requiring real estate contracts to be in writing
  • Valid contracts require offer, acceptance, consideration, legal capacity, and lawful purpose
  • Earnest money should be deposited into the broker's trust account within five banking days
  • Vermont uses standard purchase and sale agreement forms
  • Contingencies (financing, inspection, appraisal) must be clearly specified in the contract
Last updated: January 2026

Vermont Contract Requirements

Vermont real estate contracts must meet specific legal requirements to be valid and enforceable.

Statute of Frauds

Under Vermont's Statute of Frauds, contracts for the sale of real property must be:

  • In writing
  • Signed by the party to be charged (or their authorized agent)

Key Point: Oral agreements to sell real estate are generally unenforceable in Vermont.

Essential Elements of a Valid Contract

ElementDescription
OfferClear proposal with definite terms
AcceptanceUnequivocal agreement to the offer's terms
ConsiderationSomething of value exchanged (usually money)
Legal capacityParties must be competent to contract
Lawful purposeContract cannot be for illegal purposes
In writingRequired for real estate contracts

Common Contract Forms

Vermont real estate professionals typically use:

FormUse
Purchase and Sale AgreementStandard residential purchase
Commercial ContractBusiness property transactions
Lease AgreementRental property
Listing AgreementSeller representation
Buyer Agency AgreementBuyer representation

Earnest Money

Earnest money (also called a good faith deposit) shows the buyer's serious intent:

Handling Requirements

RequirementDetails
Deposit timelineWithin five banking days of acceptance
Where depositedBroker's trust account
Who holdsBroker (not salesperson)
DisbursementPer contract terms or mutual agreement

Vermont-Specific: Vermont law requires deposit within five banking days—know this for the exam!

Common Contract Contingencies

Contingencies allow parties to exit the contract if certain conditions aren't met:

Financing Contingency

ElementDetails
PurposeBuyer can cancel if financing not obtained
DeadlineMust apply for loan within specified days
DocumentationMay require denial letter from lender

Inspection Contingency

ElementDetails
PurposeBuyer can inspect property and negotiate repairs
TimelineInspection period specified in contract
OptionsAccept, negotiate repairs, or cancel

Appraisal Contingency

ElementDetails
PurposeProtects buyer if property appraises below price
OptionsSeller reduce price, buyer pay difference, or cancel

Termination of Contracts

Contracts may be terminated by:

MethodDescription
PerformanceBoth parties fulfill obligations
Mutual agreementBoth parties agree to cancel
Contingency not metCondition specified in contract fails
BreachOne party fails to perform
ImpossibilityPerformance becomes impossible

Time is of the Essence

Many Vermont real estate contracts include a "time is of the essence" clause:

  • Deadlines are strict and legally binding
  • Missing a deadline may constitute breach
  • Extensions require written agreement

Contract Modifications

Any changes to a written contract must be:

  • In writing (amendment or addendum)
  • Signed by all parties
  • Clear and specific about what is being changed

Exam Tip: Understand the difference between an executory contract (not yet performed) and an executed contract (fully performed).

Test Your Knowledge

Under Vermont's Statute of Frauds, which statement is TRUE about real estate contracts?

A
B
C
D
Test Your Knowledge

Within how many banking days must earnest money be deposited in Vermont?

A
B
C
D