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The Montana Board of Realty Regulation’s current public forms library does not offer a consumer purchase-agreement blank for an ordinary home sale. If an agent or broker is involved, use the current agreement and addenda the brokerage is authorized to provide. If you are buying or selling without an agent, have a Montana real-estate attorney prepare or review the written contract before anyone signs. Covered residential sellers also have a separate statutory disclosure duty. Choose your situation:
Ask the brokerage for its current authorized purchase agreement and addenda. Association forms are private authorized-use materials, not state-issued forms. Handle the Montana Part 5 seller disclosure and other required notices as separate documents.
See the agent-assisted pathHave a Montana real-estate attorney prepare or review the written agreement before signing. A covered FSBO seller generally still owns the Part 5 disclosure duty even though no licensee is involved.
See the FSBO contract optionsFor a covered transfer, the seller must disclose adverse material facts actually known before or when the contract is executed. Unless buyer and seller agree otherwise in writing, the disclosure must state that the contract is not effective until 3 days after the buyer receives it and that the buyer may withdraw or rescind without penalty during that delay. If disclosure is first delivered after execution, §70-20-504 may give the buyer 3 days from delivery to rescind by separately signed writing.
Read Montana’s seller-disclosure statutesPublicLegal does not reproduce Montana REALTORS® contracts or relabel a generic agreement as Montana-specific. We direct you to the document source that fits the transaction.
Montana law and form access checked August 2026 · Sources include MCA §§28-2-903, 70-20-501–505, 70-16-703, 75-3-606, and 75-10-1305; Montana Board of Realty Regulation; Montana Association of REALTORS®; EPA lead
PublicLegal provides independent self-help guidance and links to primary Montana sources. We do not sell or reproduce Montana REALTORS® purchase agreements.
Montana’s three-day rules are tied to the Part 5 seller disclosure—not a general cooling-off period. The statutes say “3 days,” not “3 business days.” A late-delivery rescission under §70-20-504 must be delivered in a separately signed writing, and written agreements or offer waivers may change the default.
Editorial summary based on MCA §28-2-903 (writing requirement for land-sale contracts); §§70-20-501 through 70-20-505 (residential seller adverse-material-facts disclosure, exemptions, late-delivery rescission, and effect of the statement); §70-16-703 (mold disclosure); §75-3-606 (radon disclosure); §75-10-1305 (methamphetamine/fentanyl contamination notice as amended); Montana Board of Realty Regulation licensing materials and broker/salesperson forms guide; Montana Association of REALTORS® member form portals; and EPA lead materials. Confirm the current MCA text and brokerage form editions before use. PublicLegal does not sell a Montana purchase-agreement substitute on this page.
The purchase agreement creates the parties’ contractual obligations. The seller disclosure and hazard notices are separate documents. The deed conveys title later at closing and recording. A disclosure form, deed, or closing packet is not a substitute for the purchase agreement.
Montana’s Board of Realty Regulation licenses brokers and salespersons but does not currently supply an ordinary consumer residential purchase blank in its public forms library. Brokered transactions use agreements the brokerage is authorized to provide. FSBO parties should use Montana counsel for contract preparation or review.
Property type and transfer type matter. Part 5 covers qualifying residential property and lists statutory exemptions. Confirm coverage before assuming disclosure is required—or optional.
The Montana Board of Realty Regulation’s current public forms library does not offer an ordinary consumer residential purchase-agreement blank. Obtain the current purchase agreement and every applicable addendum directly from the brokerage handling the transaction. Montana Association of REALTORS® standard forms are available through member portals such as TransactionDesk or zipForms. The Board’s forms guide states that REALTOR® forms may be used only by association members. PublicLegal does not host, sell, or reproduce those forms.
Review financing, inspection, appraisal, title, possession, default, and dispute terms before signing. The Board’s broker/salesperson file guide lists documents licensees commonly keep—signed buy/sell agreements, agency disclosures, and when applicable seller, radon, methamphetamine/fentanyl, mold, and federal lead materials. That checklist is not a Board-issued purchase blank.
Track delivery of the Part 5 seller disclosure separately from the purchase agreement. Do not assume signing a brokerage form automatically satisfies the seller’s statutory disclosure duties.
MCA §28-2-903 generally makes an agreement for the sale of real property invalid unless the agreement or a sufficient note or memorandum is in writing and signed by the party to be charged. If an agent signs for that party, the agent’s authority must also be in writing.
Montana does not publish a free official FSBO purchase-agreement blank. Have a Montana real-estate attorney prepare or review the agreement before anyone signs—covering parties, legal description, price, earnest money, financing, inspections, title, water and access, closing, possession, fixtures, risk of loss, default, and remedies. A title or settlement provider may handle closing logistics but is not automatically either party’s personal lawyer.
The Part 5 disclosure obligation applies to sellers in covered residential transfers, not only to deals involving a licensee. PublicLegal does not sell a Montana purchase-agreement substitute on this page.
MCA §§70-20-501 through 70-20-505 cover qualifying residential real property, generally including one-to-four-unit residential property, individually owned units such as condominiums, certain qualifying manufactured homes, and mixed residential/commercial property. An adverse material fact is a condition, malfunction, or problem that would materially affect monetary value, structural integrity of improvements, or documented health risk to occupants.
Under §70-20-502, the seller must provide a disclosure statement of adverse material facts of which the seller has actual knowledge prior to or contemporaneously with execution of a contract. The statement must address, at a minimum and when known, title and ownership, water service or source, wastewater, utilities, residential structures and systems (including water intrusion and major systems), unpermitted substantial additions or alterations, hazardous materials and pests, settling/soil/standing water/drainage, testing or treatment for asbestos, radon, lead-based paint, mold, methamphetamine, fuel or chemical storage tanks, or contaminated soil or water, and any other known adverse material fact.
The disclosure must include statements substantially similar to: actual-knowledge basis; no duty to investigate when preparing the statement; unless buyer and seller otherwise agree in writing, the contract is not effective until 3 days after the buyer receives the disclosure and the buyer may withdraw or rescind without penalty during that delay; the statement is not a warranty; and it is not a substitute for inspections.
Section 70-20-504 is separate: if a disclosure statement is provided after execution of a contract, the buyer—unless otherwise agreed in writing—has 3 days from the day of delivery to rescind by delivering a separately signed written statement of rescission. The buyer may waive that rescission right in an offer to purchase. Section 70-20-503 lists exemptions, including certain court-ordered, marital, foreclosure-related, co-owner, and close-family transfers, and transfers where the buyer waived the right to receive a disclosure statement in the contract when submitting the offer. Do not calculate a live deadline from this page.
Section 70-20-505 provides that the disclosure is the seller’s statement—not a warranty by the seller or agent—and is not a substitute for independent inspections. Separately address radon (§75-3-606), mold (§70-16-703), methamphetamine or fentanyl contamination notices when §75-10-1305 applies, and federal lead for most pre-1978 housing.
Key points to keep straight:
Coverage, exemptions, and timing questions turn on the exact MCA text and your facts. When in doubt, ask Montana counsel.
We do not sell a Montana purchase-contract substitute. When you need a related PublicLegal product, these are optional and stage-specific—not replacements for the purchase agreement.
Use this as a practical sequence—not a substitute for advice on your facts.
Depending on the property and transaction, parties may also need to address:
Local practices differ across Montana markets. Use professionals and primary sources for your address.
The purchase agreement creates the sale obligations. The deed conveys title at closing and recording. Do not treat a deed form as a substitute for the purchase contract or the Part 5 disclosure.
This page does not claim that a Montana attorney must personally conduct every ordinary residential closing. Title and settlement professionals commonly handle funds, documents, and recording, but they are not automatically personal counsel for either party. Unrepresented parties and complex deals should still use Montana counsel for the purchase agreement.
Start with the Montana deed forms hub to compare conveyance options. A warranty deed is a common starting point for an ordinary arm’s-length sale; a quitclaim deed is generally not the default deed for an ordinary home sale.
Independently verify wire instructions. Real-estate wire fraud is common.
That keeps this page honest: orientation and primary-source links, not a substitute for authorized brokerage forms or Montana legal advice.
The Montana Board of Realty Regulation’s current public forms library does not offer a consumer residential purchase-agreement blank for ordinary resales. Brokered deals use agreements the brokerage is authorized to provide. PublicLegal does not sell a Montana REALTORS® lookalike.
The Board’s forms guide states that REALTOR® forms may be used only by association members. Do not treat random internet copies as authorized public blanks.
Part 5 generally applies to covered residential sellers whether or not a licensee is involved, subject to statutory exemptions. Confirm the current MCA text for your transfer.
Under §70-20-502, the disclosure must state that—unless the parties otherwise agree in writing—the contract is not effective until 3 days after the buyer receives the disclosure and the buyer may withdraw or rescind without penalty during that delay. Separately, if disclosure is delivered after execution, §70-20-504 may give the buyer 3 days from delivery to rescind by a separately signed writing. These are not free cancel-anytime rights after the window expires.
No. The Montana Part 5 statutes say “3 days,” not “3 business days.”
No. The purchase agreement creates the obligation to buy and sell. Title typically transfers later by deed at closing. Start with the Montana deed forms hub when you need conveyance forms.
This page does not claim a statewide statute requires an attorney at every ordinary residential closing. Unrepresented parties and complex deals should still use Montana counsel for the purchase agreement.
PublicLegal provides self-help forms and information. This is not legal advice. Real estate purchase and disclosure rules vary by state and transaction. Confirm requirements for your property with a qualified professional when needed.