Timely Contract® - Real Property, Real Solutions® - logo

Buying Real Estate in Montana

by | Aug 16, 2017 | TC Drafting, TC Review, TIER, TIER Plus

Each State differs with regard to laws, rules, and regulations governing real property transactions. Below are factors to consider when buying or selling real estate in Real Estate Transactions in Montana.

Unless buying a home in a platted subdivision, a Buyer is advised to pull a preliminary title report to understand the invisible legal risks of the property you’re buying. Montana assumes Buyers have knowledge of every document in the public record pertinent to a property and that Buyers understand the meaning of every document, and how they interact with other documents. Check zoning, land use restrictions, water, septic, easements, roads, and anything else your research unearths before buying. If you’ve signed a purchase and sale agreement, use the inspection period to address the physical aspects of the property and the invisible legal risks to the use of the property and to the financial security of the Buyer.
TC Solution: Use TIER to understand the risks to use and financial security of documents located at the County Recorder’s Office. For risks not located at the County Recorder’s Office, use TIER Plus.

Contract Language in Montana

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. In reviewing a real estate purchase and sale agreement, assume nothing and check everything. Make sure the language of the real estate contract is precise and reflects your exact understanding of the transaction.
TC Solution: Use TC Review to answer questions about a signed real estate contract. Understand your legal position. Get your questions answered.

Get Everything in Writing

When putting together a purchase and sale agreement, or a modification, you must require written documentation to substantiate any 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 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.
TC Solution: Use TC Drafting to draft a custom document addressing your transactions idiosyncrasies. Every property is unique. Your contract should represent the unique nature of your transaction.
Timely Contract solutions help avoid common problems during the Real Estate Transactions in Montana… and help you sleep better at night!
This posting is not legal advice. Legal advice is based on specific facts. This information is necessarily general in nature.

Recent Posts

Real Estate Agents and Timely Contract®

As an experienced real estate agent, you may never imagine that an attorney could be useful to your practice: they take too long, address problems no one cares about, and cost too much. Attorneys traditionally have carried unlimited legal liability during the...

Real Estate Transaction Fees: Important Court Decision

Real Estate Transaction Fees: Important Court Decision A guilty verdict was handed down by a federal jury on October 31, 2023 that threatens to upend the cozy financial relationships enjoyed by agents representing Buyers and Sellers during the real estate transaction....

Pre-Existing Code Violations and TIER Plus®

You’ve done your legal due diligence and checked the public document record at the County Recorder’s Office where you’re thinking of buying that vacation home. You found some interesting circumstances of the property you didn’t expect, including existing code...

Historic District Designation and TIER Plus®

Are you thinking of buying a centrally located, older home in a downtown neighborhood? After many remodels, you may know how to bring the building up-to-code and sell at a profit. Or perhaps you’re a hobbyist with intentions to live the downtown, walkable lifestyle....

Pennies on the Dollar

Buying a home is a time of change, hope, and stress. Change because your living habits are being upended, hope for a better future, and stress because you’re involved in one of the biggest, most complex financial transactions of your life. One way to reduce the stress...

Types of Real Estate Contracts

There are many types of RE contracts available to buyers and sellers. We’ve compiled the Top 40 for your review!

Real Estate Glossary

From A to Z, we’ve compiled over 310 real estate terms!
Skip to content