Disclosure Requirements for Selling Montana Real Estate (2024)

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By Michael Yessis Updated September 3, 2024
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Edited by Ashley Simon

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Home sellers in Montana are required by law to disclose detailed information about the status and condition of their property.

Sellers need to fill out the Owner's Property Disclosure Statement or another form that complies with state law to inform buyers about what they're potentially purchasing. They also need to comply with federal law and any local disclosures.  

Montana asks sellers to disclose all adverse material facts on its disclosure form. A buyer may sue for damages if you lie or forget to disclose facts about your house.[1]

In a traditional sale, your real estate agent will typically guide you through the property disclosure process and help protect you from legal pitfalls. If you're selling for sale by owner (FSBO) in Montana, however, you're on your own. We recommend seeking the advice of a real estate professional or attorney to ensure you follow the law. 

Find an experienced local agent to help you navigate disclosures and all mandatory paperwork. Plus, save with a 1.5% listing fee!

🚨 DISCLAIMER: You shouldn't construe this article as legal advice. Clever Real Estate recommends consulting a real estate agent or a real estate attorney as you go through the disclosure process when selling your home.

Montana real estate disclosure requirements

State real estate disclosures

Montana requires sellers to disclose basic information, like how long you've owned the property, plus detailed specifics about the property. 

We've summarized the key questions you'll have to answer on your seller's disclosure statement below, grouped by topic.

These questions will give you a good sense of the disclosures you'll need to make, but they aren't all the questions you'll be asked, nor are they all the disclosures you'll need to make.

You'll find everything the state of Montana requires you to disclose in the Owner's Property Disclosure Statement.

Key questions on the Montana disclosure form

Click a topic to see the questions you'll need to answer.

Air conditioning
  • Does the property have an air conditioning system?
  • Is the air conditioning system operational?
Appliances
  • Does the property have washer/dryer hookups?
  • Does the property have a microwave oven?
  • Does the property have a dishwasher?
  • Does the property have a garbage disposal?
  • Does the property have a security system?
Boundary issues
  • Are there any known boundary issues with the property?
Electrical problems
  • Does the property have any known electrical problems?
Exterior drainage
  • Does the property have any known problems with the rain gutters?
  • Is there a history of standing water on the property?
Fire safety
  • Does the property have smoke detectors?
Flood dangers
  • Is the property in a flood zone or floodway?
  • Does the property have a history of flooding, particularly in the basement?
Hazardous materials
  • Is there hazardous material present on the property?
Heating system
  • What is the power source for the heating system?
  • Is the property's heating system operational?
Insulation
  • Does the property have insulation?
  • Does the property have any known problems with the insulation?
Permitted improvements
  • Have there been improvements on the property without proper permits?
Roof
  • Does the property's roof have any leaks?
Sewage and plumbing
  • What type of sewage system does the property have?
  • Is the sewer system operational?
Structure of the house
  • Does the property have foundation problems?
  • Does the property have structural defects?
Water
  • What is the source of the water supply?
  • Are there any known problems with the water supply?
  • Is there evidence of water damage on the property?
Wood-destroying insects
  • Has the property been damaged by termites?
  • Has there been repairs or treatment of termite damage?

Federal real estate disclosures

The Residential Lead-Based Paint Hazard Reduction Act of 1992 requires sellers to do the following:

  • Give buyers the Environmental Protection Agency's Protect Your Family From Lead in Your Home pamphlet.
  • Disclose lead-based paint or lead-based paint hazards.
  • Provide records or reports of lead-based paint in the house, if applicable.
  • Include a Lead Warning Statement confirming you complied with all notification requirements in the sales contract. 
  • Allow buyers a 10-day period to conduct a lead-based paint inspection or risk assessment. 

The federal government requires no other real estate disclosures.

Local real estate disclosures

Check with your county or city government regarding local laws and seller disclosure requirements. Sometimes, you'll need to disclose local concerns like:

  • Deaths that have occurred in the home
  • Environmental hazards such as radon gas and asbestos 
  • Events that have stigmatized the property (violent crimes, suicide, reports of supernatural phenomena) 
  • History of methamphetamine production
  • Homeowners Association (HOA) fees and rules
  • Noise issues in the area
  • Protected trees or other flora on your property
  • Proximity to military facilities
  • Proximity to power lines or wind farms
  • Proximity to prisons and other detention facilities
  • Proximity to sex offenders

Exemptions from Montana real estate disclosures

We found no exemptions from making disclosures in Montana.

Compare cash offers from Montana cash home buyers now! They often buy houses that need repairs or have complicating factors.

FAQs about real estate disclosures in Montana

When should I share my property disclosures with sellers? 

You should share your disclosures with prospective buyers sooner rather than later.

"It makes sense to share disclosures before a buyer submits an offer," says Clever Real Estate's Steve Nicastro, a former licensed real estate agent in the Charleston, S.C. market. "You'll avoid a situation where you go under contract, then the buyer sees the disclosure and decides that they don't want to proceed with the purchase." 

In some states, you're required to post your disclosures with your listing. However, rules vary by state.

What paperwork do I need to sell a house besides Montana's real estate disclosure form?

If you're selling for sale by owner, read Clever's full list of documents required to sell a house, which covers the selling process from pre-listing to closing. 

If you're selling with a real estate agent, you'll generally use the same documents, but your agent will guide you through all the paperwork.

Do I need to disclose if I'm in a flood risk area?

Yes, must disclose your property's flood risk on the Owner's Property Disclosure Statement.

Only eight states don't require their own flood risk disclosure.

What happens if I lie on my disclosure form?

Lying on a disclosure document is illegal, so a buyer would have cause to sue. 

A buyer could seek payment for repairs and attorney fees. In some cases, a buyer may attempt to reverse the sale. 

We recommend using a real estate agent or hiring a real estate attorney to guide you through your disclosures and avoid legal trouble.  

What is a "material defect"?

The International Association of Certified Home Inspectors describes a material defect as "a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property or that poses an unreasonable risk to people."

A system or component near or at the end of its life cycle is not considered to be a material defect.

Why trust us

Data sources

Our Research Team reviews federal and Montana real estate disclosure requirements once a year. We use trusted sources like federal and state governments, state and local realtor associations, and real estate professionals in our articles.   

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Our team of industry-leading researchers is committed to making the home selling process more accessible by educating sellers through guides like this one. We've spent thousands of hours analyzing publicly available data, surveying consumers, and interviewing industry experts. The New York Times, Business Insider, Inman, Housing Wire, and many more publications have featured our research.

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