Vermont Disclosure Requirements & Your Protections
In Vermont, the responsibility for discovering a property's condition is shared between the Seller, the Agent, and the Buyer. This page explains the key disclosures required by law and the protections we build into your contract.
1. Agent's Mandatory Legal Duty (The Material Fact Rule)
As your brokerage, we operate under a strict legal obligation that protects you as the buyer.
The Law
Your agent is legally required to disclose any known "Material Fact" about a property to the buyer.
What is a Material Fact?
Any condition or defect that significantly diminishes the property's value, structural integrity, or habitability (e.g., a known failed septic system, severe foundation issue, or major water intrusion).
Agent Integrity
If a Seller attempts to instruct us to conceal a known defect, we must terminate the listing agreement rather than violate this fundamental legal and ethical duty.
2. The Seller's Essential Disclosures (The SPIR)
While Vermont law does not mandate a single form, nearly every real estate transaction uses the detailed Seller's Property Information Report (SPIR).
What it Is
A comprehensive questionnaire completed by the Seller detailing the age and condition of the roof, heating system, septic, well, boundaries, and any past or current problems.
Why it Matters
An honest SPIR protects the Seller from future claims and gives the Buyer a clear, written summary of the property's history before the inspection phase begins.
3. Federal & State-Specific Mandates
These items must be disclosed by the Seller or provided to the Buyer under Federal or Vermont law, regardless of the SPIR:
| Requirement | Applicability | Action Item |
|---|---|---|
| Lead-Based Paint Disclosure | Required for all residential homes built before 1978. | Seller must disclose all known lead paint history and provide the official EPA pamphlet. |
| Private Water Supply | Required if the property uses a private well (not public water). | Seller must provide the state-prepared informational brochure on private water systems within 72 hours of contract signing. |
| Flood Zone & History | All properties in Vermont. | Seller must provide the property's official Flood Insurance Rate Map (FIRM) and disclose any history of flooding or flood damage while they owned the property. |
| Smoke Detector Certificate | All residential homes. | Seller must provide a certification that the property's smoke detectors are compliant with current standards. |
4. Your Ultimate Protection: The Inspection Contingency
The Buyer's due diligence period, enabled by the Inspection Contingency, is your most powerful tool to confirm the disclosures and uncover hidden issues.
As outlined in our Buying Process section:
Your Right to Investigate
The contract grants you a fixed period of time to hire independent experts (inspectors, engineers, water testers, etc.) to evaluate the property.
Your Right to Walk
If the inspections reveal a major, material defect that was previously unknown and you cannot negotiate a satisfactory resolution with the Seller, you have the right to terminate the contract and recover your Earnest Money Deposit (EMD).
Have Questions About Vermont Disclosures?
Our experienced team is here to guide you through the disclosure process and ensure your interests are protected.