Montana Owner's Property Disclosure Statement — a standard-form document promulgated by the Montana Association of REALTORS for use by licensed brokers (separate versions exist for 1-4 Residential Units, Land, and Commercial). There is no single mandatory state-issued PDF form; the statute prescribes the required content, and this industry-standard form is the customary way brokers satisfy it. — Montana Code Annotated, Title 70, Chapter 20, Part 5, "Residential Real Property Disclosure Requirements" (MCA 70-20-501 through 70-20-505). The core seller duty is at MCA 70-20-502 ("Seller disclosure -- statement"). Enacted by the 2023 Montana Legislature (Chapter 375, Laws of 2023) and currently in force as of 2026. A separate, older statute, the Montana Mold Disclosure Act (MCA 70-16-703), remains in effect and its mold-testing/knowledge disclosures are incorporated into required content.
Montana was historically a strict "caveat emptor" (buyer beware) state with no general statutory duty for home sellers to disclose property defects. That changed in 2023: the Montana Legislature enacted a new mandatory disclosure law (MCA 70-20-501 to -505), which remains current, active law in 2026. Montana is therefore no longer a pure caveat emptor state for residential sales — but the duty is narrower than in many "full disclosure" states: sellers must disclose only adverse material facts within their actual knowledge, and the statute expressly states neither the seller nor any agent has a duty to investigate or inspect the property to prepare the statement. The written disclosure must be delivered by the seller (directly or through a broker) before or contemporaneously with execution of the purchase contract. Unless the buyer waives it in the purchase offer, the buyer then has a 3-day rescission window after receiving the disclosure, during which the contract is not yet binding and the buyer may withdraw or rescind without penalty by delivering a signed written rescission notice. The statement must also disclaim that it is not a warranty and must encourage independent inspections. This is a real and fairly recent (2023) change to Montana law that should be described accurately — Montana went from "no disclosure statute" to "actual-knowledge, material-fact disclosure statute," not to full "known-or-should-have-known" disclosure.
The single most important recent development is that Montana had NO general seller disclosure statute at all until the 2023 legislative session, when it enacted MCA 70-20-501 through 70-20-505 (Chapter 375, Laws of 2023), creating for the first time a mandatory written disclosure of known adverse material facts, plus a 3-day buyer rescission right. This is still the current, operative version of the law in 2026; searches did not surface any further substantive amendment to this disclosure statute in the 2025 Montana legislative session (that session's major real-property-related legislation, HB 231 and SB 542, addressed property tax rates, not disclosure). Practitioners should still confirm with the Montana Association of REALTORS or a Montana real estate attorney whether the standard disclosure form itself has been revised, since form updates by industry bodies do not always track statutory citations exactly.
Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.