Montana statute § 70-20-502 mandates that sellers of residential real estate must provide a Owner's Property Disclosure to buyers before a contract is signed. The disclosure details known material defects affecting the property's value or use. If a disclosure statement is provided to a buyer after a contract has been executed, the buyer will have 3 days from the date the disclosure is delivered to rescind the contract.
How Can I Get a Copy of the "Montana Owner's Property Disclosure"?
We will provide you a copy of any Montana disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.
Are There Any Exemptions to Providing the Disclosure?
Yes, please review the civil code for the most current list.
- Transfers made by a court order. This includes transfers ordered by a probate court during the handling of a deceased person’s estate, transfers under a writ of execution, transfers made by a bankruptcy trustee, transfers caused by eminent domain, or transfers ordered by a court to enforce a contract or agreement.
- Transfers between spouses that happen because of a divorce, legal separation, or a property settlement agreement related to the divorce or separation.
- Transfers that happen because of a loan default or foreclosure. This includes transfers to a lender when the borrower is in default, foreclosure sales, sales under a power of sale, sales after a court-ordered foreclosure, deeds given instead of foreclosure, and sales involving manufactured or mobile homes after a default on a secured loan.
- Transfers from one co-owner of a property to one or more of the other co-owners.
- Transfers to a seller’s spouse, child (by birth or adoption), or parent, or to the spouse, child, or parent of any other owner of the property.
- Transfers where the buyer gave up the right to receive a disclosure statement when the buyer submitted the offer to purchase.
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