Montana Real Estate Purchase Agreement

Ensure you adhere to state laws with our legitimate Montana Real Estate Purchase Agreement template.

Before Buying

Unless you’re purchasing a home in a mapped subdivision, it’s recommended that you obtain a preliminary title report to comprehend the unseen legal risks associated with the property you’re buying. In Montana, it’s assumed that buyers are aware of all public records related to property and understand the implications of each document and their interrelations. 

• Preliminary Title Report: Obtain a preliminary title report to uncover potential legal risks associated with the property.
• Legal Awareness: Montana operates under the assumption that buyers are informed about all public records related to the property and comprehend the implications of each document.
• Comprehensive Research: Before finalizing the purchase, conduct thorough research on zoning, land use restrictions, water, septic systems, easements, roads, and other relevant factors.
• Inspection Period Utilization: If a purchase agreement is in place, use the inspection period to examine both the property’s physical attributes and the hidden legal risks that could impact its use and financial security.

Writing Requirement (when it becomes legal) 

A Montana Real Estate Purchase Agreement should include the following:

• Identifiable Parties: The agreement must clearly identify the buyer and the seller who are legally capable of contracting.
• Consent: For an agreement to be valid, both parties must consent willingly.
• Lawful Object: The agreement aims to facilitate the legal sale of real estate.
• Sufficient Consideration: This usually pertains to the mutually agreed purchase price.
• Written and Signed: All real estate agreements in Montana must be in writing and signed by both parties to be legally binding.

Required Disclosures 

In Montana, sellers are required to make the following disclosures when executing a Real Estate Purchase Agreement:

• Owner’s Property Disclosure Statement: Although sellers aren’t legally required to do so, providing a disclosure statement for the buyer’s benefit is customary.
• Condominium Unit Ownership Act: When selling a unit as part of a larger project, sellers must provide the prospective buyer with a copy of the Unit Ownership Act and any governing documents listing the rules and regulations prescribed by the association/administration.
• Lead-Based Paint Disclosure: When transferring a home constructed before 1978, it’s mandatory to provide a disclosure that includes information about the presence of lead on the property, along with educational materials that explain the risks associated with exposure to this harmful substance.
• Methamphetamine Contamination: Sellers must disclose if a property was contaminated by a meth lab and not remediated. This is necessary to inform buyers of potential hazards and make informed decisions. Failure to disclose may result in legal consequences, so honesty and transparency are key.
• Mold: Sellers must provide a written statement explaining the presence of mold, how it occurs, and any previous testing results.
• Newly Constructed Residences: Developers/sellers must give buyers relevant docs on inspections/tests, etc., for newly built properties.
• Radon: The seller must include this disclosure and ensure the buyer is aware of any radioactive gas on the property. The seller must also provide examination results to the buyer.
• Water Rights: State of Montana mandates that the seller inform the buyer if the property retains any water rights and if the rights will be transferred to the seller.