Montana law does not provide many protections when it comes to seller disclosures. Sellers may complete a property disclosure form, but Montana does not require it.
Montana law requires a seller’s agent to disclose all relevant and material information concerning conditions known to that agent.
A seller’s agent is not required to verify statements made by the seller or to inspect the property. A seller’s agent must disclose any adverse material facts known about the property. This includes information that materially affects the property’s value including information regarding structural integrity and health risks, or that might affect the buyer’s ability or intent to perform his contractual obligations.
Both buyer’s and seller’s agents must disclose if they have no personal knowledge of the truthfulness of disclosures made regarding adverse material facts.
The sale of a residential unit may be accompanied by a disclosure related to mold. If a mold test has been done, a seller must provide a buyer with a copy of the test. However, buyers should be skeptical of these results because many different conditions can alter the results of the test.
Because Montana law provides few protections for buyers regarding seller disclosures, buyers of Montana real estate are well advised to have their own inspections done and make sure that the calendar timeframes allow for written objections and time to cure legal and physical conditions before close of escrow.
At Timely Contract, our primary legal services include: real estate contract review, real estate contract drafting, legal opinions for title insurance exceptions, and research, due diligence, and legal opinions for properties.
NOTE: This posting is not legal advice. This information is general in nature. Legal advice is based on specific facts.
See related article about real estate contracts in Montana.
At Timely Contract we have local real estate attorneys who have experience throughout Montana, including: Missoula, Billings, Bozeman, and Kalispell.