Montana Real Estate Purchase Agreement Template

1.) Condominium Disclosure: When selling a condo unit, the seller must give the prospective buyer a copy of the Unit Ownership Act, the governing HOA documents, and a warning if a single entity owns a majority of the units (§ 70-23-613(2)).

2.) Lead-Based Paint Disclosure: Federal law requires sellers of homes built before 1978 to provide buyers with an EPA-approved information pamphlet and disclose any known lead-based paint on the property (42 U.S. Code § 4852d). 

3.) Methamphetamine and Fentanyl Contamination: Sellers must notify prospective buyers if the property was previously used as a clandestine methamphetamine or fentanyl laboratory (§ 75-10-1305). This disclosure must clearly state whether a state-certified contractor has properly remediated the contamination.

4.) Mold Disclosure: Sellers must provide a state-mandated warning explaining that inhabitable properties cannot be completely sealed against mold, and disclose any known mold presence or prior testing results (§ 70-16-703).

5.) Newly Constructed Residences: If selling a new, never-occupied home, the builder or developer must provide the buyer with all general contractor inspection records and deliver an express warranty valid for at least one year upon entering the agreement (§ 28-2-2202). (These records and warranties are proprietary and generated by the individual builder or developer).

6.) Radon: Sellers must include a specific statutory warning outlining the health risks of radon gas in the purchase offer (§ 75-3-606). If the property has been tested for radon, the seller must provide those test results and any mitigation records.

7.) Seller’s Property Disclosure Statement (SPDS): Montana law requires sellers to formally disclose any known adverse material facts affecting the property’s value or safety, such as structural defects or plumbing issues (§ 70-20-502). Providing this document prevents the buyer from triggering a statutory three-day right of rescission.

8.) Water Rights: Sellers must state whether the property holds any water rights and if those rights will transfer with the sale (§ 85-2-424). If conveyed, the seller must formally warn the buyer that updating state ownership records requires specific forms and fees to avoid legal penalties. If the water rights will be 100% transferred to the new owner, they must execute the DNRC Water Right Ownership Update (Form 608).