Montana Residential Purchase and Sale Agreement

This Montana Residential Purchase and Sale Agreement (this "Agreement") is entered into as of [[Effective Date]] by and between [[Seller Full Legal Name(s)]] ("Seller") and [[Buyer Full Legal Name(s)]] ("Buyer"). Seller agrees to sell and Buyer agrees to purchase the Property described below on the terms and conditions set forth in this Agreement. This Agreement is governed by the laws of the State of Montana, including Montana Code Annotated Title 70., -

ARTICLE I, PARTIES AND PROPERTY

1. Seller

Seller: [[Seller Full Legal Name(s)]]

Seller's Current Address: [[Seller Mailing Address for Notices]]

If Seller is married, both spouses must execute this Agreement and the deed unless the Property is Seller's separate property.

2. Buyer

Buyer: [[Buyer Full Legal Name(s)]]

Buyer's Address for Notices: [[Buyer Mailing Address]]

Buyer shall take title as: [[Vesting, e.g. joint tenants with right of survivorship / tenants in common / sole and separate property / other]]

3. Property Description

Seller agrees to sell and convey to Buyer the residential real property commonly known as:

[[Property Street Address]]

[[City]], Montana [[ZIP Code]]

County of [[County Name]]

Legal Description (attach full metes and bounds or lot/block if lengthy): [[Full Legal Description from Deed or Title Commitment]]

Tax Parcel / Geocode ID: [[Tax Parcel ID or Geocode]]

The Property includes all improvements, structures, fixtures, and appurtenances now attached or forming a permanent part of the real property, including built-in appliances, central systems, and items that customarily pass with the deed under Montana law, except as excluded below.

4. Personal Property Included in Purchase Price

The following items of personal property are included and shall convey at no additional cost: [[List Included Personal Property, e.g. refrigerator, range, dishwasher, washer, dryer, window treatments, ceiling fans, garage door openers]]. All included items shall be in the same condition at closing as on the Effective Date, ordinary wear and tear excepted.

5. Personal Property Excluded

The following items are excluded and shall be removed by Seller prior to closing: [[List Excluded Items, e.g. staging furniture, specific light fixtures, backyard playset]]. Seller shall repair any damage caused by removal., -

ARTICLE II, PURCHASE PRICE, EARNEST MONEY, AND FINANCING

6. Purchase Price

The total purchase price is [[Purchase Price in Words]] Dollars ($[[Purchase Price Numerals]]) (the "Purchase Price").

7. Earnest Money Deposit

Within [[Earnest Money Deposit Deadline, e.g. 3 business days]] after the Effective Date, Buyer shall deposit $[[Earnest Money Deposit Amount]] (typically 1, 3% of Purchase Price) as earnest money with [[Escrow Holder Name, e.g. Montana Title Company or Broker's Trust Account]] ("Escrow Holder"), located at [[Escrow Holder Address]]. The earnest money shall be held in a trust account in accordance with Montana law pending closing or termination.

8. Additional Deposit

☐ Not applicable.

☐ Buyer shall deliver an additional deposit of $[[Additional Deposit Amount]] to Escrow Holder by [[Additional Deposit Date]].

9. Financing Contingency

☐ This Agreement is an all-cash transaction. Buyer shall provide written proof of funds satisfactory to Seller within [[Proof of Funds Deadline, e.g. 5 business days]] after the Effective Date.

☐ This Agreement is contingent upon Buyer obtaining a written loan commitment on the following terms:

• Lender Type: [[Conventional / FHA / VA / USDA / Other]]

• Loan Amount: not to exceed $[[Loan Amount]]

• Interest Rate: not to exceed [[Maximum Interest Rate, e.g. 7.25%]] per annum

• Loan Term: [[Loan Term in Years, e.g. 30]] years

• Commitment Deadline: [[Financing Commitment Deadline]]

If Buyer is unable to obtain a qualifying commitment by the deadline through no fault of Buyer, Buyer may terminate by written notice and earnest money shall be returned. Failure to give timely notice waives the contingency.

10. Appraisal Contingency

This Agreement is contingent upon the Property appraising at or above the Purchase Price. The appraisal must be completed by [[Appraisal Deadline, e.g. 10 business days before closing]]. If the appraisal is lower, Buyer may terminate or renegotiate; otherwise the contingency is waived., -

ARTICLE III, INSPECTION, DUE DILIGENCE, AND DISCLOSURES

11. Inspection and Due Diligence Period

Buyer shall have [[Inspection Period, typically 10 business days]] after the Effective Date (the "Inspection Period") to conduct inspections of the Property at Buyer's expense, including but not limited to structural, roof, mechanical, electrical, plumbing, environmental, pest, and any other inspections Buyer deems appropriate. Seller shall provide reasonable access during normal business hours.

Buyer may terminate this Agreement for any reason during the Inspection Period by written notice to Seller. If Buyer does not terminate within the Inspection Period, Buyer accepts the Property in its present condition subject to the terms of this Agreement.

12. Property Disclosure Statement

Seller shall deliver the completed Montana Property Disclosure Statement (or equivalent compliant disclosure) to Buyer before or at the time of executing this Agreement as required by MCA §§ 70-16-703 et seq. Buyer acknowledges receipt and understands Buyer has 5 business days after receipt to rescind this Agreement by written notice.

13. Title Examination and Commitment

Seller shall, within [[Title Commitment Deadline, e.g. 5 business days]] after the Effective Date, provide Buyer with a current title commitment for an ALTA owner's policy of title insurance in the amount of the Purchase Price, issued by a title company acceptable to Buyer, committing to insure Buyer's title subject only to standard exceptions and those approved by Buyer.

Buyer shall have [[Title Objection Period, e.g. 5 business days]] after receipt of the commitment to object in writing to any title matters. Seller shall have a reasonable time to cure objections or this Agreement may be terminated by Buyer with return of earnest money.

14. Title Insurance

At closing, Seller shall pay for and cause to be issued to Buyer an ALTA standard owner's policy of title insurance in the amount of the Purchase Price, insuring Buyer's fee simple title, subject only to the standard printed exceptions and any matters approved by Buyer. Buyer may obtain extended coverage or lender's policy at Buyer's expense.

15. Water and Well Test (If Applicable)

If the Property is served by a private well or other non-municipal water supply, Seller shall, at Seller's expense, provide Buyer with a satisfactory water quality and quantity test performed by a qualified laboratory or professional within [[Water Test Deadline]] days. Test results shall be delivered to Buyer promptly., -

ARTICLE IV, CLOSING, POSSESSION, AND DEFAULT

16. Closing Date

Closing shall occur on or before [[Closing Date]] at the offices of [[Closing Agent, Licensed Montana Title Company or Attorney Name and Address]], or at such other place as the parties agree. Closing shall be conducted by a licensed Montana title company or attorney as required.

17. Possession

Possession shall be delivered to Buyer at closing on the Closing Date, unless otherwise agreed in writing. If Seller remains in possession after closing, a separate written post-closing occupancy agreement is required.

18. Prorations

Taxes, assessments, rents, interest, and other items shall be prorated as of the Closing Date on a 365-day basis unless otherwise required by local custom or law. Security deposits on any tenancies shall be transferred to Buyer at closing.

19. Default and Remedies

If Buyer defaults, Seller may terminate and retain the earnest money as liquidated damages (not as a penalty), or pursue specific performance or other remedies available at law or equity.

If Seller defaults, Buyer may terminate and receive return of all earnest money plus reimbursement of reasonable out-of-pocket inspection and title costs, or pursue specific performance or other remedies.

20. Notices

All notices under this Agreement shall be in writing and delivered by hand, certified mail, overnight courier, or electronic transmission with confirmation to the addresses set forth above or to such other address as a party designates in writing.

21. Closing Costs and Fees

Seller shall pay: title insurance owner's premium (standard), any transfer taxes or fees required by Montana law or local ordinance, and prorations as agreed. Buyer shall pay: lender fees, appraisal, inspection costs, and any lender's title policy premium., -

ARTICLE V, GENERAL PROVISIONS

22. Entire Agreement; Amendments

This Agreement, including all exhibits and addenda, constitutes the entire agreement and supersedes all prior negotiations and representations. It may be amended only by a written instrument signed by both parties.

23. Severability

If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

24. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Montana. Any action arising out of this Agreement shall be brought in the state or federal courts located in the county where the Property is situated.

25. Time of Essence

Time is of the essence with respect to all dates and deadlines in this Agreement.

26. Counterparts; Electronic Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original. Electronic signatures shall be deemed valid and binding.

27. Assignment

Buyer may not assign this Agreement without Seller's prior written consent.

28. Attorney Fees

In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees and costs as permitted by Montana law.

29. Exhibits and Addenda

The following are attached and incorporated:

• Exhibit A: Legal Description (if not fully stated above)

• Exhibit B: Property Disclosure Statement

• Exhibit C: Lead-Based Paint Disclosure (if pre-1978)

• Additional: [[List Any Other Addenda or "None"]]

30. Additional Terms

[[Insert any additional negotiated terms, contingencies, or conditions, or state "None"]], -

SIGNATURES

SELLER

[[Seller Full Legal Name(s)]]

Signature: _______________________________ Date: _________

[[Co-Seller Full Legal Name if Applicable]]

Signature: _______________________________ Date: _________

BUYER

[[Buyer Full Legal Name(s)]]

Signature: _______________________________ Date: _________

[[Co-Buyer Full Legal Name if Applicable]]

Signature: _______________________________ Date: _________, -

DISCLAIMER

This document is a template example and not legal or professional advice. All parties must verify compliance with current Montana statutes (MCA Title 70), local requirements, and consult a licensed Montana real estate attorney or broker. Earnest money handling, title requirements, disclosure timing, and rescission rights are governed by Montana law and may be subject to specific local practices. Use of this form does not create an attorney-client relationship. Verify all statutory references and forms with primary sources as of the date of use.