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Yes, Montana is a disclosure state, which means sellers must provide certain disclosures to buyers. This includes any known issues with the property, such as defects or health hazards. When selling residential lots or land, it’s essential to adhere to these disclosure requirements to ensure compliance with state laws, thereby protecting both parties in the transaction.
Montana law does not require buyers to put down earnest money with a buy-sell agreement. However, in our current market environment I highly recommend to all my buyers that they put down a reasonable amount of earnest money to show the seller your good faith intention of purchasing.
Some of the common triggers include death, disability, retirement or other termination of employment, the desire to sell an interest to a non-owner, dissolution of marriage or domestic partnership, bankruptcy or insolvency, disputes among owners, and the decision by some owners to expel another owner.
A buy and sell agreement is a legally binding contract that stipulates how a partner's share of a business may be reassigned if that partner dies or otherwise leaves the business. Most often, the buy and sell agreement stipulates that the available share be sold to the remaining partners or to the partnership.
It establishes procedures for the sale and purchase of shares, minimising possibilities of unhappiness and eventual litigation in future. For example, in the absence of a buy-sell agreement, a spouse of an outgoing owner who was never involved in the business may inherit the shares.
Montana is one of just eleven states prohibiting public disclosure of real estate sales prices (please see the attached chart, Real Estate Price Disclosure by State).
A real estate purchase agreement spells out the agreed-upon terms under which a buyer and seller agree to engage in a real estate transaction. The completion and signing of a purchase agreement effectively places both the buyer and seller (as well as the property in question) under contract.
Many years ago, the Montana legislature looked at this issue and passed laws preventing the taxing authorities from using the sales price of properties as the basis for establishing taxable values. As a result, Montana became one of the non-disclosure states in the U.S.
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 Montana residential real estate purchase and sale agreement is a document used to present an offer for a piece of real estate and is executed by two (2) parties: a buyer and a seller.