The experienced attorney can ensure the purchase and sale agreement meets the client's needs and protects the client's investment to the fullest extent possible. Once a contract is signed, an attorney is limited in this regard, and is left to work within the confines of an executed agreement. Attorney advice early on in a real estate transaction is also crucial to help the parties identify and understand the myriad of state and local real estate related laws which might apply. Landowners and prospective landowners often fail to recognize the complexity of environmental, zoning and subdivision laws which apply in both New Hampshire and Vermont. State laws exist which regulate subdivision and land use.
Local ordinances regulate subdivision, construction and permitted uses as well.
Prior to investing in real estate, it is imperative to understand these land use laws and their affect on a particular parcel of land or on a particular use planned for that parcel. Sellers in particular should be careful about representations related to compliance with environmental regulations. Private water and septic systems are more the rule than the exception in rural New England. Many Sellers find themselves in a dispute after a closing due to a septic or water system which fails to meet regulations or conform to representations made at closing. Experienced real estate professionals, and particularly attorneys, should be consulted early on in any real estate transaction to prevent unwelcome surprises down the road.