Sell in Bozeman with Meydomo

Mandatory Disclosure of Material Facts

Montana recently implemented seller disclosure requirements. Under Montana Code §70-20-301 (effective 2022), a seller of residential property must provide a written disclosure statement of any **adverse material facts** about the property that are known to the seller. This would include issues like structural defects, water intrusion, environmental hazards, or boundary disputes. The disclosure is generally given on a standard form to the buyer prior to or at the time of entering a purchase agreement. Montana’s Real Estate License law also compels real estate agents to disclose to all parties any material facts about a property. There are some exemptions (e.g., new homes that have never been occupied may be excluded). Even before this statute, Montana sellers were encouraged to fill out a property disclosure form (and many did); now it’s effectively required. Additionally, Montana law explicitly states that non-material facts—such as death in the property or occupants with HIV—do not need to be disclosed.

• Mont. Code Ann. §70-20-301:contentReference[oaicite:136]{index=136}
• Mont. Code Ann. §37-51-321(1)(d)

MLS Usage

Montana’s MLS systems (like Big Sky Country MLS or Montana Regional MLS) require listing agreements. MLS rules incorporate Clear Cooperation. Sellers’ agents usually attach the completed Montana disclosure form in the MLS for other agents. MLS remarks must comply with fair housing. Some MLSs in Montana also require disclosure of specific features in listing fields (like whether a property has a well or septic). If a seller refuses to fill out a disclosure (which could happen perhaps if it’s an estate sale exempt from law), the MLS listing typically will state “No Seller Disclosure” so buyers know. But most residential sales will have one now due to the law. As always, accuracy in listings is enforced by the MLS (incorrect square footage or school district could lead to a correction request or fine).

• Montana Regional MLS Rules

Lead-Based Paint Hazard Disclosure

Federal law (Residential Lead-Based Paint Hazard Reduction Act of 1992) requires sellers of homes built before 1978 to disclose any known lead-based paint or lead hazards and provide buyers with the EPA’s lead hazard information pamphlet. Buyers must also be given a 10-day opportunity to conduct a lead paint inspection or waive that right.

• 42 U.S.C. 4852d
• 24 CFR 35

Fair Housing Act (No Discriminatory Advertising)

Under the federal Fair Housing Act, sellers (and their agents) must not publish any advertisement for the listing that expresses a discriminatory preference based on protected classes (e.g. race, color, religion, sex, disability, familial status, or national origin). For example, statements such as 'no children' or other exclusions in home listings are unlawful.

• 42 U.S.C. §3604(c)