Vermont Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale is a legal instruction given to a jury when determining a case involving real estate held primarily for sale in Vermont. This instruction guides the jury in understanding the legal aspects related to real estate transactions where the property is primarily intended for sale. Key points covered in this instruction include: 1. Definition of Real Estate Held Primarily For Sale: This instruction clarifies that real estate held primarily for sale refers to properties that are acquired primarily with the intention of reselling them for profit. It distinguishes these properties from properties held for personal use or investment purposes. 2. Burden of Proof: The instruction establishes that the burden of proof rests with the party claiming that the real estate in question was held primarily for sale. The jury must carefully consider the evidence presented and decide if it is more likely than not that the property was acquired with the purpose of resale. 3. Factors to Determine Intent: The instruction outlines various factors that the jury should consider when determining the intent behind acquiring the real estate. These factors may include the duration of ownership, the frequency of sales, the extent of improvements made, involvement in development activities, advertising efforts, and any oral or written statements expressing the intention to sell the property. If there are different types of Vermont Jury Instruction — 10.10.5 Real Estate Held Primarily For Sale, they may be named as follows: 1. Vermont Jury Instruction — 10.10.5a Real Estate Held Primarily For Sale — Residential Properties: This instruction specifically focuses on residential properties acquired with the primary intent to sell them. It may delve into additional factors to consider in assessing the intent behind the purchase and resale of residential real estate. 2. Vermont Jury Instruction — 10.10.5b Real Estate Held Primarily For Sale — Commercial Properties: This instruction is tailored to cases involving commercial properties acquired primarily with the intention of resale. It may emphasize factors unique to commercial real estate such as the nature of business operations, marketing strategies, or any evidence of efforts to quickly dispose of the property. 3. Vermont Jury Instruction — 10.10.5c Real Estate Held Primarily For Sale — Vacant Land: This instruction pertains to vacant land purchased primarily for the purpose of selling it. It may highlight specific factors relevant to land transactions, such as zoning regulations, development plans, or any evidence of actively marketing the land to potential buyers. These variations of the Vermont Jury Instruction — 10.10.5 cater to different aspects of real estate held primarily for sale, enabling juries to consider the unique circumstances of each case before reaching a verdict.