Sell in Burlington with Meydomo

Seller’s Property Information (No Mandatory Form)

Vermont does not have a specific statute requiring sellers to provide a formal property condition disclosure form. Sellers are, however, bound by common law to not actively conceal defects and to respond truthfully to buyer inquiries about property condition. In practice, most Vermont sellers working with Realtors fill out a Seller Property Information Report (SPIR) or similar questionnaire provided by the VT Association of Realtors, which covers the condition of systems, structural components, water supply, septic, insulation, hazardous materials, etc. While not mandated by law, it’s become standard practice and buyers expect it. Additionally, Vermont license law requires agents to disclose material facts about a property to buyers (even if the seller prefers not, the agent must). Vermont has some unique requirements in certain cases: e.g., if a property has a potable water supply (well) or on-site wastewater (septic), state law requires sellers to provide any related permit and informational documents to buyers (often handled during due diligence). Also, sellers of pre-1978 rentals must provide lead paint disclosure and mandated lead hazard reduction info; for sales, the federal disclosure suffices, but if the property was used as a rental with lead, the seller should disclose any lead inspection reports. Vermont courts have held that if a seller actively hides a defect, it’s fraud (e.g., painting over water damage without disclosure). So, while Vermont doesn’t legally force a written disclosure form, failing to volunteer major known issues can expose sellers to lawsuits. Notably, as of 2023, Vermont passed a law requiring flood risk disclosure: sellers now must disclose if property is in a flood hazard area or has required flood insurance, likely in writing. It’s expected this will be integrated into Realtor forms.

• Vt. Stat. Ann. tit. 27, §616 (water/wastewater info)
• 2023 Vt. Acts & Resolves No. 18 (flood disclosure):contentReference[oaicite:238]{index=238}

MLS Norms

Vermont’s primary MLS (NNEREN, which Vermont properties feed into via New England Real Estate Network) doesn't require an attached disclosure but often the listing will state 'See attached seller property info report' if the agent uploads it. They enforce Clear Cooperation (1 day rule) as part of NEREN. A photo is required. MLS remarks can't violate fair housing (though in small VT, rarely an issue said explicitly). Because written disclosures aren't mandated, sometimes FSBOs or small brokerages might not provide one – buyer agents then rely on inspection contingencies heavily. The MLS doesn’t police that except indirectly via the purchase contract requirement (the standard VT purchase contract has an optional section where seller agrees to provide a disclosure within X days; if left blank, it's not required). If a disclosure is provided, agents likely attach it to MLS to expedite things. Also, MLS data fields cover many property features (heat type, water, sewer, etc.), which covers some of the ground a disclosure would. If the MLS says 'septic' and the seller had a failed septic that they didn't disclose, that’s a legal matter beyond MLS. Essentially, MLS encourages the flow of information but defers to state practice. Note that in recent years, after Tropical Storm Irene, Vermont Realtors forms added questions about past flooding – agents will include that info if seller answered it on the informal form. MLS doesn’t have a flood zone flag field (some MLS have yes/no flood zone fields, not sure if NEREN does), so remarks might note 'Property in flood zone, requires insurance' to comply with new law and avoid surprises. It's mostly cooperative rather than enforced by MLS sanction (unless not updating a status, etc.).

• NEREN MLS Rules
• VR Form #601 (Purchase & Sale Agreement)

Lead-Based Paint Hazard Disclosure

Federal law requires sellers of target housing (pre-1978) to provide buyers with the EPA lead hazard pamphlet and disclose any known lead-based paint hazards, along with a 10-day opportunity for lead testing.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under federal and Vermont law, advertising for housing must not indicate preferences or limitations based on protected classes. For example, 'ideal for single professionals' or 'no children' is illegal in a home listing. Vermont’s fair housing laws also bar discrimination in advertising by things like gender identity, etc., consistent with state protected traits.

• 42 U.S.C. §3604(c)
• 9 V.S.A. §4503