Below are factors to consider when buying or selling real estate in Montana. These considerations are not legal in nature, but are general recommendations based on more than twenty years of real estate experience both as a Realtor® and as a real estate attorney in the Inland Northwest.
Perform Due Diligence On Real Estate Deals In Montana
Because buyers and sellers, wherever they live, generally buy or sell real estate less than four times in their lifetimes, and a real estate transfer is not only complex but also represents one of the largest investments a person ever makes, it seems prudent to undergo thorough due diligence before committing to a parcel.
Check Everything In The Buy Sell Agreement For Real Estate In Montana
In reviewing a real estate purchase and sale agreement for property in Montana, assume nothing and check everything. Make sure the language of the real estate contract reflects your precise understanding of the transaction. Montana courts interpret contractual provisions according to their plain, ordinary meaning. Generally speaking, a Montana court will only consider evidence outside a contract if it determines the language in the real estate contract is ambiguous.
Get Everything In Writing In Your Real Estate Buy Sell Agreement
Require written documentation to substantiate oral representations prior to purchase. Oral contracts conveying an interest in real property are invalid in Montana. Generally speaking, Montana courts will not enforce oral agreements to convey an interest in real estate.
Be specific In The Language In Your Real Estate Buy Sell Agreement
Be prepared to clarify vague, ambiguous, or overbroad contract terms. Be specific about performance, timeframes, and remedies for breach of contract. Generally speaking, Montana courts will not enforce implied meanings or assumptions, regardless of the circumstances.
Real Estate Attorneys In Montana
If you need help with a real estate contract – reviewing a contract or drafting a contract – our legal services were designed just for you! At Timely Contract, we provide fast and expert legal assistance, delivered within the timeframes of the contract.
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.
At Timely Contract we have local real estate attorneys who have experience throughout Montana, including: Missoula, Billings, Bozeman, and Kalispell.
NOTE: This posting is not legal advice. This information is general in nature. Legal advice is based on specific facts.