Vermont FSBO Disclosure Requirements (2026)

Vermont Disclosure Law

9 VSA §4460 requires sellers to provide a written Seller's Property Disclosure Statement to buyers before or at the time of signing a purchase agreement.

What Must Be Disclosed

Roof condition and known leaks

Foundation or structural defects

Basement or crawl space moisture

HVAC, plumbing, and electrical systems

Well and septic condition (widespread in rural VT)

Any known environmental contamination

Act 250 permit status (for properties with development permits)

HOA obligations and pending assessments

Act 250 Permits

Vermont's Act 250 land use law requires permits for certain developments. If your property has an Act 250 permit (common for subdivisions and commercial-to-residential conversions), the permit conditions are appurtenant to the land and must be disclosed to buyers.

Vermont Land Gains Tax

If you've owned the property for fewer than 6 years, Vermont imposes a Land Gains Tax on your gain (32 VSA §10002). Rates range from 5% (5–6 year holding) to 80% (less than 1 year). This must be disclosed to buyers as it affects closing proceeds.

Well and Septic

Vermont has very high rates of private well and septic use. Buyers routinely require water quality testing and septic system inspections as contract contingencies.

Exemptions

New construction, foreclosure sales, estate transfers, and certain court-ordered sales are exempt.

Penalties

Failure to disclose material defects entitles the buyer to rescind the sale and recover damages under Vermont law.

Find Vermont real estate attorneys at byownerhub.com/vermont-fsbo-guide.