The Paperwork: The primary types of paperwork affecting the purchase of real property are documents found in the public record as listed in your preliminary title report, and any private equitable servitudes, conditions, restrictions, or rules and regulations governing the parcel’s use. Title Report I. Idaho residential purchase and sale agreements do not typically require disclosure…

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The typical buyer of residential real estate located in a municipality does not run into legal due diligence challenges. Residential parcels within a municipality created by a platted subdivision typically require less due diligence because: 1) easements are referenced; 2) road access is required; 3) zoning is well-defined; and 4) water, sewer, and power are…

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The typical buyer of a residential parcel located in a municipality does not run into significant due diligence challenges when purchasing real estate. Parcels located within a municipality with one- to four-unit zoning and created by a platted subdivision require significantly less due diligence because typically: 1) easements are referenced, 2) road access is required,…

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As in other states that are considered “black-letter law” states, Montana real estate contracts are subject to well-established technical legal rules that are no longer subject to reasonable dispute. Montana courts assume as a matter of law that you have performed physical and legal due diligence, are familiar with contract provisions and understand their effect…

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Language used to describe legal services may be imprecise. Even attorneys sometimes use the phrases “legal opinion” and “legal advice” interchangeably, but they actually have different meanings. Black’s Law Dictionary defines a “legal opinion” as “[a] written document in which an attorney provides his or her understanding of the law as applied to assumed facts.”[1] This definition…

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