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A Vermont seller has enrolled her farmland in the Current Use Program under 32 V.S.A. Chapter 124. She is now under contract to sell the property to a developer who plans to convert it to a commercial use. Which statement most accurately describes the contract consideration that should be addressed regarding the Current Use enrollment?

Correct Answer

B) The buyer should be advised that withdrawal from the Current Use Program upon development will trigger a land use change tax, which should be addressed in the contract

Under 32 V.S.A. Chapter 124, when property enrolled in Vermont's Current Use Program is withdrawn or converted to a non-qualifying use, a land use change tax is triggered. Because the developer intends to convert the farmland to commercial use, the purchase contract should clearly address who bears the land use change tax liability. This is a critical due diligence and contract drafting issue unique to Vermont transactions involving Current Use-enrolled properties.

Answer Options
A
The Current Use enrollment automatically terminates upon signing of the purchase agreement, so no contract provision is needed
B
The buyer should be advised that withdrawal from the Current Use Program upon development will trigger a land use change tax, which should be addressed in the contract
C
The seller must pay a penalty equal to five years of back taxes before the property can be listed for sale
D
Current Use enrollment transfers to the buyer automatically and the buyer may continue farming to avoid any tax consequences

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Related Topics & Key Terms

Key Terms:

current_use_programland_use_change_taxcontract_provisionsfarmlandvermont_specific

Related Concepts

Specific performance is a court-ordered remedy that compels the breaching party to fulfill their obligations under the contract rather than simply paying monetary damages. It is an equitable remedy used when monetary damages would be inadequate.

The Statute of Frauds is a legal requirement that certain types of contracts must be in writing and signed to be enforceable. In real estate, all contracts for the sale of land or interests in land must be in writing.

A time is of the essence clause in a contract means that all deadlines and dates specified in the agreement are strictly enforceable, and failure to meet them constitutes a material breach.

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