A Montana real estate purchase agreement is a written contract in which a seller agrees to sell and a buyer agrees to buy property on stated terms. This free Montana real estate purchase agreement PDF records the parties, the property, the price, the deposit and the closing date. For a home sale, Montana law also requires the seller to give the buyer a disclosure statement.[1] Download it below or fill it out online.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Montana law. If you notice an error or outdated information, please contact us.
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A Montana residential purchase and sale agreement is the contract for selling a home. The template on this page has 38 numbered sections. They cover the parties, the property, the deposit, the price, the buyer's contingencies, the closing and the signatures. Read every section before anyone signs.
An agreement for the sale of real property in Montana is invalid unless the agreement, or a note or memorandum of it, is in writing and signed by the party to be charged (the party it is enforced against) or that party's agent (Mont. Code Ann. § 28-2-903).[5] Apart from transfers by operation of law, an estate or interest in real property can be created or transferred only by a written instrument signed by the person creating or transferring it, or by that person's agent authorized in writing. That rule does not cover an estate at will or a term of not more than 1 year (Mont. Code Ann. § 70-20-101).[6]
Buyers and sellers in other states can start from the real estate purchase agreement overview.
The sections fall into these groups:
Section 5 asks for an earnest money deposit, which is money the buyer puts down to show the offer is serious. The deposit is credited to the purchase price at closing.
Section 6 has check boxes for the buyer's contingencies. A contingency is a condition the deal depends on. You can mark whether the purchase depends on the buyer getting a loan, and whether it depends on the buyer selling another property.
If the buyer is getting a loan, Section 7 asks for a good faith loan application. By a date you fill in, the buyer gives the seller a lender letter. The letter verifies the source of the down payment and the funds to close. Without that letter, the seller can end the agreement by written notice within five business days of that date.
Sections 8 and 9 cover the buyer's checks before closing. The buyer can order an appraisal, a survey and a property condition assessment at the buyer's cost. The seller orders a title report, and the buyer has a set number of business days to object to anything in it. If the seller cannot fix a defect, the buyer can cancel and get the full deposit back.
Section 11 ties the deal to an appraisal. If the home appraises for less than the price, the parties get a set number of business days to renegotiate. If they cannot agree, the agreement ends and the buyer gets the deposit back.
Section 10 has the seller keep the property in its current condition until closing, apart from ordinary wear and tear. Section 17 says the buyer takes the property as is, with all defects, except as the agreement or the seller's property disclosure document says otherwise. In the same section, the seller promises to cover the buyer's damages from a materially inaccurate or misleading statement. This promise is called indemnification.
Section 31 makes the offer expire at 5 pm on a date you fill in. The seller must sign and deliver a copy to the buyer by then, or the offer is revoked and the deposit goes back to the buyer. To fill in the downloaded PDF on your screen, use the PDF editor, then print the agreement for signing.
This sample uses made-up names, addresses and amounts, so none of it describes a real sale or a recommended term. It shows how the first blanks of the Montana form might look once they are filled in.
Your own entries will differ. Replace every sample entry before you sign.
Closing is the day the buyer pays and the seller hands over the property. Section 13 of the Montana form sets the closing date. The closing takes place in the escrow agent's office unless the parties choose another place. Before that day, the buyer makes sure all the funds reach the escrow agent.
Here is what the form says about the closing and what comes with it:
Section 16 lets the buyer end the contract and get the full deposit back if the improvements are materially damaged or destroyed before closing. Section 33 says the buyer takes possession at closing, and the home is delivered free of tenants, occupants and debris.
Section 34 gives the buyer a walk-through within the 48 hours before closing. If the home has been damaged since signing, the buyer can require an extension of the closing. The seller then repairs the damage promptly.
FormsPal has a general warranty deed form for the deed named in Section 9. If your sale needs a different type of deed, there is also a Montana quitclaim deed form.
When a deed or other instrument transferring real property is presented for recording, the realty transfer certificate must contain a water rights disclosure. In it, the seller (the transferor) must acknowledge, at or before closing, whether any water rights are associated with the property and whether any water rights will transfer with it. This does not apply to a transfer of real property served by a public service water supply (Mont. Code Ann. § 85-2-424).[7]
The form sets out what happens when one side breaks the contract. If the buyer defaults, the seller's only remedy is liquidated damages equal to the deposit (Section 22). If the seller defaults, the buyer can ask a court to make the seller complete the sale. The buyer can also cancel and get the deposit back (Section 23).
Disputes start with mediation. Section 25 has the parties mediate in good faith and share the mediator's cost, then go to binding arbitration if mediation fails. The arbitrator is a retired judge or an attorney with at least five years of residential real estate law experience. The parties can agree on someone else.
Some matters stay outside mediation and arbitration:
Section 21 says time is of the essence for every date in the contract, so a missed deadline matters. It also says the written contract replaces earlier talks and that any change must be in writing and signed by both parties. Section 29 counts business days as every day except Saturdays, Sundays and federal or state holidays.
Section 27 treats the form as an offer to buy. If only some of the parties initial the pages, a counteroffer is needed. The seller can keep offering the property until the buyer is told the offer is accepted.
Section 32 has the seller confirm ownership or authority to sell. It allows delivery by hand, by email with electronic confirmation or by overnight courier.
Section 35 says an agent's fee follows that agent's own written agreement. Because a real estate sale involves a large sum, many buyers and sellers ask an attorney to look over the contract before they sign.
If a real estate broker or salesperson takes part in the sale, Montana law requires that licensee to disclose the existence and nature of relevant agency or other relationships to the parties to the transaction (Mont. Code Ann. § 37-51-314).[8]
Most problems with a purchase agreement come from blanks and dates, and the Montana form has many of both. A few habits prevent most of the trouble. Each one ties back to a section of the template.
When the form is complete, print it for signing and give each party a copy. Section 21 asks for any later change to be in writing and signed by both parties, and FormsPal has real estate purchase agreement addendums for that. You can find other Montana documents in the Montana PDF forms library.
A commercial purchase and sale agreement covers property that is not a home, such as an office building, a retail space or vacant land. It is usually longer and more detailed than a residential agreement. The template on this page is the residential form. A commercial deal often calls for a contract written for that type of property, such as the commercial real estate purchase agreement.
Commercial contracts commonly cover these points in detail:
They are used for industrial property, land, multi-family property, office buildings, retail property and mixed-use property. Because the amounts are large, many buyers and sellers ask an attorney to review the contract before anyone signs.
In practice, parties often agree to try mediation first and to split the mediator's cost. A severability clause is also common. It keeps the rest of the contract in place if one term is later changed or dropped.
In Montana, a seller who transfers residential real property must give the buyer a disclosure statement. The statement discloses any adverse material facts about the property that the seller actually knows. The rule is in Mont. Code Ann. § 70-20-502, and many people call the result the Montana property disclosure form.[1]
The statute's own wording:
In any transfer of residential real property in the state, the seller shall provide a disclosure statement to a buyer disclosing any adverse material facts that concern the residential real property and of which the seller has actual knowledge.
The statute sets a delivery time. The seller must provide the statement "prior to or contemporaneously with the execution of a contract," which means before the contract is signed or at the same moment. The seller can deliver it directly or through the seller's real estate agent or other authorized representative. It goes to the buyer or to the buyer's real estate agent or other authorized representative.[1]
The statement must also say whether any portion of the residential real property has been tested or treated for these items:[1]
For the Montana lead-based paint disclosure, Section 37 of the template asks whether the home was built before 1978. If it was, both parties sign the attached Lead-Based Paint Disclosure Form. Section 38 states that the seller completed the Property Disclosure Statement and attached it to the agreement.
Federal rules require the seller of target housing to disclose to the buyer the presence of any known lead-based paint and lead-based paint hazards in the housing being sold (24 C.F.R. § 35.88). Target housing is housing built before 1978, except housing for the elderly or persons with disabilities (unless a child under age 6 lives or is expected to live there) and any 0-bedroom dwelling (24 C.F.R. § 35.86).[9]
Other Montana laws add duties when the seller knows of a specific problem. A seller who knows that a building has been tested for radon gas and radon progeny must give the buyer, prior to or upon entry into the purchase contract, a copy of the test results and evidence of any later mitigation or treatment (Mont. Code Ann. § 75-3-606).[2]
A seller or agent who knows that a building has mold present must disclose the presence of the mold to the buyer prior to or upon entry into the purchase contract (Mont. Code Ann. § 70-16-703).[3]
An owner who knows the property was used as a clandestine methamphetamine or fentanyl drug lab, or was contaminated from consumption of either drug, must notify any later purchaser or occupant in writing, unless a certified contractor has remediated the property to the standards in section 75-10-1303 (Mont. Code Ann. § 75-10-1305).[4]
Condominium sales have a rule of their own. If you are buying or want to buy a unit in a condominium project, you can ask the seller or the seller's agent for a copy of the Unit Ownership Act, the association's bylaws and any administrative regulations for the project. On your request, the seller or the agent must provide those documents before you sign a buy-sell agreement (Mont. Code Ann. § 70-23-613).[10]
These short answers cover the Montana seller disclosure statement for residential real property. They come from Mont. Code Ann. § 70-20-502, which is listed in Sources so you can read the statute yourself.
The seller discloses any adverse material facts about the residential real property that the seller actually knows. The statement must be provided prior to or contemporaneously with the execution of a contract. It also says whether any part of the property has been tested or treated for these items:[1]
No. The disclosure statement is not a warranty of any kind. That holds for the seller and for the seller's real estate agent or other authorized representative in the transfer of the residential real property.[1]
The disclosure statement is not a substitute for any inspections conducted by or for the buyer. The buyer is encouraged to consult independent inspectors to aid in the buyer's due diligence process prior to the purchase of the residential real property.[1]
No. The seller or the real estate agent or other authorized representative of the seller is not obligated to investigate the residential real property in preparing the disclosure statement. Unless the buyer is otherwise advised in writing, the seller possesses no greater knowledge than a careful inspection by the buyer could obtain. The exception is what the seller knows from living at or owning the property.[1]
A Montana real estate purchase agreement, also called a purchase and sale agreement or a buy-sell agreement, is the contract that sets the terms of a property sale. It names the buyer and the seller, describes the property and states the price. Once both sides sign, it guides the deal through closing.
This fillable purchase agreement template is built for a residential sale. The buyer signs first, as an offer. Section 27 of the template treats the form as an offer to purchase, and Section 32 is where the seller accepts by signing. The signed copy must reach the buyer before the offer expires under Section 31.
The residential form lists single family homes, condominium units, apartment units, townhouse units, duplexes and triplexes (Section 2). If some personal property is sold on its own, FormsPal also has a Montana bill of sale.
General information, not legal or tax advice.
