Montana Real Estate Disclosure Requirements

In 2023, the Montana Legislature updated state law to match most other states by requiring sellers of residential property to give buyers a disclosure statement. This statement must list any known material problems with the property that could affect its value or use, as long as the seller is aware of them. Montana law also requires additional disclosures depending on the type of property being sold, whether it's being sold or leased, and any specific issues that may affect the property. 

1. Montana Owner's Property Disclosure Statement (One - Four Residential Units)
2. Montana Owner's Property Disclosure Statement (Land)
3. Montana Owner's Property Disclosure Statement (Commercial)

For Both Sales and Rentals (if built before 1978)

• Federal Lead-Based Paint Disclosures and Pamphlet (if built before 1978) 

You May Also Need to Complete One or More of These Disclosures:

1. Federal Real Estate Disclosures
2. Montana Condominium Disclosure / Addendum 
   1. Provide to Buyer: Montana Unit Ownership Act 
3. Montana Methamphetamine Disclosure Notice
4. Montana Mold Disclosure
5. Montana Multi-Family Disclosure / Fair Housing Accessibility 
6. Montana Septic System Disclosure and Acknowledgement
7. Montana Water Rights Acknowledgement

What if I Am Selling the Home "As Is"?

Selling "As Is" is meant to indicate that you are not doing any repairs. It is not used as a way to avoid disclosing material defects that would not be discovered by the buyer.

What is a Material Fact?

Any fact that could affect a reasonable person’s decision to buy, sell, or lease is considered a material fact and must be disclosed to the parties in the transaction and any interested third parties. A broker is required by law to disclose to each prospective buyer any material fact about a property of which broker is aware or should reasonably be aware, even if the seller chooses not to disclose or makes no representation concerning the matter.

Include Your Disclosures on Your MLS Listing

When you list your home on the MLS with homecoin.com for a low, one-time flat fee, we will upload your disclosures directly in your MLS listing, so you can easily comply with Montana law. Learn more about our flat fee MLS service here: https://homecoin.com/flat-fee-mls/montana

Where Can I Learn More?

• M.C.A. § 70-20-502 2023

Return to Forms and Disclosures