Montana Real Estate Purchase and Sale Agreement (Investor PDF)
An investor-ready purchase and sale agreement drafted for Montana transactions, plus a plain-English summary of what Montana law expects in a residential purchase contract. Free PDF, no signup required.
Montana Purchase and Sale Agreement
Free PDF • Updated July 2026
Part of our free real estate investor forms library.
What Montana Requires in a Purchase Contract
These are the contract and disclosure requirements our research identified for Montana residential transactions, with statute citations. Requirements change; always confirm the current rule before closing.
Mold disclosure statement (safe harbor) Verbatim language required
Montana Mold Disclosure Act, MCA § 70-16-703
A statutorily worded MOLD DISCLOSURE statement may be provided with the purchase contract (buyer signs receipt); providing it plus disclosure of any known mold/prior testing gives seller and agents immunity from mold claims - functionally universal in MT contracts. Known mold MUST be disclosed prior to or upon entry into the contract.
Applies to: all inhabitable real property (statement optional but safe-harbor; known-mold disclosure mandatory)
Water right ownership update disclosure Verbatim language required
MCA § 85-2-424(7)
Any written agreement to transfer land with appurtenant water rights on record with DNRC must contain the statutory water rights disclosure (or words of similar nature); realty transfer certificate must also contain a water rights disclosure acknowledged by transferor.
Applies to: any land transfer with appurtenant recorded water rights
No general seller property condition disclosure statute
MCA § 37-51-313 (licensee duties); no seller disclosure act
Montana has no statutory seller property-condition disclosure form; sellers must not conceal known material defects (fraud/negligent misrepresentation exposure) and licensees must disclose known adverse material facts; MAR form is customary.
Applies to: all residential
Noxious weed management disclosure
MCA § 7-22-2101 et seq. (county weed control); customary buyer notification for rural land
Buyers of agricultural/rural land are commonly given notice of noxious weed management obligations under county weed district law; appears in standard MT land contracts.
Applies to: rural/agricultural land
Our confidence in this item is lower than the rest of this page. Verify current requirements with a licensed Montana attorney before relying on it.
Federal lead-based paint disclosure Verbatim language required
42 U.S.C. § 4852d; 40 C.F.R. § 745.113
Pre-1978 housing: verbatim federal Lead Warning Statement plus disclosure/acknowledgment block required in or attached to the contract.
Applies to: pre-1978 residential dwellings
Montana Closing Practice at a Glance
| Deed convention | Warranty deed (MCA § 70-20-103 grant covenants); escrow/title closings |
| Transfer tax | none (Realty Transfer Certificate filing required with every deed, MCA § 15-7-305, but no tax; sale prices confidential) |
| Customary payer | n-a |
| Attorney closing | Attorney not required for a typical closing. Title company closing state; attorneys not customary for residential closings. |
| Witness and notary | Deeds require notary acknowledgment for recording (MCA §§ 70-21-203, 1-5-602); no witnesses required. Realty Transfer Certificate (with water rights disclosure) must accompany deed or recorder will reject. |
More Investor Resources
Disclaimer: This template and summary are provided free for reference and educational purposes. Clearway Home Buyers is not a law firm and does not provide legal advice, and no attorney-client relationship is created by downloading or using these forms. Real estate law varies by state and by transaction. Review any form with a licensed Montana attorney before use. Read the full disclaimer.
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