As a business and real estate attorney who has drafted and reviewed hundreds of purchase agreements across the United States, I know how expensive it can be to hire counsel for every residential transaction. That’s why I created this completely free Montana real estate buy sell agreement template that is compliant with current Montana law as of November 2025. Whether you’re buying or selling a house, condo, vacant land, or small multi-family property in Billings, Bozeman, Missoula, or anywhere else in the Treasure State, this downloadable template will save you time and money.
Download the Free Montana Buy Sell Agreement Template (Word & PDF)
Download Montana Real Estate Purchase Agreement Template (.docx)
Download as PDF Version
Important Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Laws change and every transaction is unique. Always consult a licensed Montana real estate attorney or title company before signing any binding contract.
A real estate buy sell agreement in Montana (also called a purchase and sale agreement or PSA) is the primary contract between a buyer and seller that outlines the terms under which real property will be transferred. In Montana, these agreements are governed primarily by Title 70 (Property) and Title 28 (Contracts) of the Montana Code Annotated (MCA), as well as common-law principles.
Unlike many states that rely heavily on standardized forms from the state Realtor® association, Montana does not have an official state-approved residential purchase form. This gives parties flexibility but also increases the risk of missing critical provisions. My template bridges that gap by incorporating the most protective and commonly used clauses I’ve seen work successfully in hundreds of closings.
Even when a licensed real estate agent or broker is involved, the standard listing agreement does NOT replace a comprehensive buy-sell contract. The moment you and the seller sign a purchase agreement, you have a legally binding contract. According to the Internal Revenue Service Publication 523 and Montana’s statute of frauds (MCA § 28-2-903), any agreement to transfer an interest in real estate must be in writing and signed to be enforceable.
Without a clear written agreement, disputes over earnest money, repairs, closing dates, or personal property can end up in expensive litigation.
Montana is one of the few states where severed mineral rights and water rights are common. My template includes clear language stating whether these rights are included or reserved.
Under MCA § 75-10-1301 et seq., sellers must disclose if the property has ever been used as a clandestine meth lab. The template contains the exact statutory language required.
With increasing wildfire activity, many lenders now require acknowledgment of fire hazard zones. The template references the Montana DNRC wildfire risk map.
Montana is one of only 11 states with no realty transfer tax, but recording fees still apply (see Montana Department of Revenue).
| Section | What to Fill In | Tips From Experience |
|---|---|---|
| Legal Description | Copy exactly from current title policy or deed | Never use mailing address only – must be full legal |
| Earnest Money | Typically 1-3% of price | Held by title company, not individual agent |
| Closing Date | Usually 30-45 days after binding agreement date | Make it a specific date, not “on or before” |
| Personal Property | List refrigerator, washer/dryer, etc. | If not listed, it typically stays with house |
| Financing Contingency | Loan amount, type, max interest rate | Include current rate + 1% buffer |
Is a real estate attorney required in Montana?
No. Montana is not an “attorney closing state.” However, I strongly recommend at least a 3-5 day attorney review period.
How much are closing costs for buyers in Montana?
Typically 2-4% of purchase price (title insurance, lender fees, escrow). Sellers usually pay the owner’s title policy premium as local custom.
Is earnest money refundable?
Yes, if contingencies are not waived or satisfied (inspection, financing, etc.).
Can I use this template for commercial property?
No. This is residential only. Commercial transactions require additional environmental and zoning representations.
In my decade of practice, I’ve seen transactions worth $50,000 and $5 million both fall apart over poorly drafted purchase agreements. A solid Montana real estate buy sell agreement is your first and best protection.
Download this free template today, customize it to your transaction, and then have it reviewed by a local professional. It will likely save you thousands in legal fees while giving you peace of mind.
Download Free Montana Buy Sell Agreement Template Now
Last updated: November 19, 2025
Sources: Montana Code Annotated, IRS Publication 523, Montana Department of Revenue, Montana DNRC
This template is free for personal use. Redistribution or sale prohibited.
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