Key Takeaways
- Vermont has no statewide mandatory property disclosure form required by law
- Vermont is considered a "buyer beware" (caveat emptor) state
- Sellers must not make material misrepresentations or intentionally withhold information about known defects
- Lead-based paint disclosure IS required for pre-1978 homes (federal law)
- Most sellers voluntarily complete a Seller's Property Information Report (SPIR)
Vermont Property Disclosures
Vermont's approach to property disclosure is often described as "buyer beware" (caveat emptor), but sellers still have important obligations.
No Mandatory Seller Disclosure Statute
Vermont has no statewide mandatory property disclosure form required by law.
Key Points
| Fact | Implication |
|---|---|
| No disclosure statute | Sellers not legally required to provide disclosure form |
| Buyer beware | Caveat emptor principle applies |
| Court enforcement | Sellers cannot misrepresent or conceal known defects |
Important: While Vermont doesn't require a formal disclosure form, sellers and their agents still have legal obligations regarding honesty and material facts.
Seller Obligations Despite No Statute
Vermont courts have clearly established that sellers:
Must NOT:
| Prohibited Action | Consequence |
|---|---|
| Make material misrepresentations | Liability for fraud |
| Intentionally withhold information about known defects | Liability for concealment |
| Lie when asked direct questions | Breach of duty |
The "As-Is" Exception
Even if a property is sold "as is":
- Seller is still responsible for disclosing known material defects
- "As is" means seller won't make repairs before sale
- "As is" does NOT excuse misrepresentation or concealment
Key Point: Caveat emptor does not protect a seller who actively conceals or misrepresents defects.
Agent Disclosure Obligations
While sellers may not be legally required to disclose, real estate agents have professional obligations under Vermont law:
Material Facts
Agents must disclose all material facts known to them that:
- Could affect the property's value
- A reasonable person would want to know
- Are not readily apparent
| Material Facts | Examples |
|---|---|
| Physical defects | Foundation issues, roof leaks, plumbing problems |
| Environmental hazards | Mold, flooding history, contamination |
| Legal issues | Zoning violations, easements, liens |
| Property condition | Systems not functioning, structural damage |
Voluntary Disclosure: Seller's Property Information Report (SPIR)
Many Vermont sellers voluntarily use a Seller's Property Information Report (SPIR):
| Feature | Details |
|---|---|
| Required by law? | No—voluntary |
| Common usage | Most sellers through agents use it |
| Contents | Several dozen questions about property condition |
| Responses | Yes, No, Don't Know |
SPIR Topics
The SPIR typically asks about:
- Structural matters (roof, foundation, walls)
- Mechanical systems (HVAC, plumbing, electrical)
- Environmental issues (mold, asbestos, radon)
- Water and septic systems
- Boundary and survey matters
- Legal issues (easements, liens, restrictions)
Best Practice: Most Vermont real estate professionals recommend sellers complete a SPIR even though it's not legally required.
Federal Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Form | Lead-Based Paint Disclosure form |
| Vermont Lead Law | Additional state requirements may apply |
Vermont Lead Law
Vermont has its own Lead Law requirements:
| Requirement | Details |
|---|---|
| Target housing | Pre-1978 residential property |
| Disclosure | Known lead-based paint and hazards |
| Court orders | Whether owner has complied with relevant court orders |
Warning: Lead-based paint disclosure is REQUIRED regardless of Vermont's buyer beware stance. This is federal law.
Burden of Proof
In Vermont property disclosure disputes:
| Element | Details |
|---|---|
| Buyer's burden | Must prove seller knew about defect AND intentionally failed to disclose |
| Seller's protection | Protected if they didn't know about defect |
| Documentation | Keep records of inspections, repairs, maintenance |
Which statement is TRUE about Vermont's property disclosure requirements?
Under Vermont law, which of the following MUST be disclosed?
Even though Vermont has no mandatory disclosure form, what CAN'T a seller do?