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Legal Guide7 min read

Vermont FSBO Disclosure Requirements (2026)

Published October 2, 2025

Vermont FSBO Disclosure Requirements (2026)

Vermont's Residential Property Disclosure form covers the primary requirements. Hurricane Irene (2011) and the July 2023 floods have shaped Vermont's disclosure landscape. Pervasive rural well and septic infrastructure, underground oil tanks, lead paint in Burlington's older neighborhoods, and Vermont's Land Gains Tax for short-term property sales are the defining local issues.

Vermont Disclosure Framework

27 V.S.A. §1161 requires the Vermont Residential Property Disclosure. Sellers provide before or at contract. Vermont's form covers structural conditions, utilities, well and septic, environmental hazards, flooding, and other material facts.

Irene (2011) and July 2023 Flood Disclosure

Hurricane Irene (August 2011): Vermont experienced its worst flooding in modern history. The Ottauquechee, White, Mad, Lamoille, Dog, and many other rivers rose to record or near-record levels. Entire villages were cut off by washed-out roads. Communities severely affected included Woodstock (Ottauquechee), Bethel and Rochester (White River), Waitsfield (Mad River), and Waterbury (Winooski/Thayer Brook).

July 2023 Vermont floods: Central Vermont experienced significant flooding. Montpelier (the state capital, entirely on a river floodplain) flooded substantially. Barre, Ludlow, and communities throughout the Winooski and White River watersheds experienced flooding that damaged structures and infrastructure.

Any property affected by either event requires disclosure including extent of damage, repairs performed, FEMA assistance received, and insurance claims.

Well and Septic Disclosure

Outside Burlington, Barre-Montpelier, Rutland, and St. Johnsbury municipal service areas, most Vermont properties use private wells and on-site septic. Vermont DEC regulates both extensively.

Well water quality in Vermont: Vermont has concerns about PFAS (per- and polyfluoroalkyl substances — "forever chemicals") in some groundwater areas related to historically used firefighting foam and industrial sites. If your property is in an area with PFAS concerns, testing and disclosure may be appropriate.

Septic systems: Vermont's Act 250 land use regulations and state wastewater rules (Environmental Protection Rules Chapter 1) govern on-site septic. Disclose system type, tank size, last inspection and pump-out date, any system failures.

Underground Heating Oil Tanks

Vermont's cold climate and old housing stock create widespread UST prevalence. Properties built before the 1980s natural gas/propane transition typically had underground oil tanks. Vermont DEC maintains records of known petroleum discharges.

Disclose any UST existence, status (active/abandoned/removed), and any known soil contamination or DEC involvement.

Lead Paint in Vermont's Older Housing

Vermont has high per-capita density of pre-1940 housing in Burlington's Old North End and South End, Winooski, Barre, Montpelier's downtown residential neighborhoods, Rutland, and Brattleboro. Federal Lead-Based Paint Disclosure is required for all pre-1978 homes.

Vermont Land Gains Tax

Vermont's Land Gains Tax applies to properties sold within 6 years of purchase at a gain:

  • Year 1: 80% of gain taxed
  • Year 2: 60%
  • Year 3: 45%
  • Year 4: 30%
  • Year 5: 20%
  • Year 6: 10%
  • After 6 years: exempt
  • This is a seller-specific tax. Consult a Vermont tax professional if you purchased your home within the past 6 years and have a significant gain.

    Vermont Property Transfer Tax

    Vermont charges a property transfer tax of 0.5% of first $100,000 of consideration and 1.45% above that. On a $365,000 sale: approximately $3,777. Typically seller's cost.

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