Montana Purchase and Sale Agreement Form

This form is supposed to be used when buying or selling a property in Montana. The form comes in Adobe PDF and Microsoft Word.

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BUY – SELL AGREEMENT

(Including Earnest Money Receipt)

The use of this form is for REALTOR® members only (members of the Montana Association of REALTORS®) and cannot be used by any other party for any purpose. Use of these forms by other parties may

result in legal action by the Montana Association of REALTORS®.

 

1         This Agreement stipulates the terms of sale of this property. Read carefully before signing.

2         This is a legally binding contract. If not understood, seek competent advice.

3                                                                                                    Montana, (date)     , 4                                                                                            ,

5         as     joint tenants with rights of a survivorship,   tenants in common,   single in his/her own right,

6                    Other                                                                                 (hereinafter called “Buyer“) agrees to purchase, and the

7         Seller agrees to sell the following described real property (hereinafter referred to as “Property“) commonly known

8         as

 

10 in the City of                                                   , County of                                                                             , 11 Montana, legally described as:

 

 

. 15 TOGETHER  with  all  interest  of  Seller  in  vacated  streets  and  alleys  adjacent  thereto,  all  easements  and  other 16 appurtenances thereto, and all improvements thereon. All existing permanently installed fixtures and fittings that are 17 attached  to the Property are included in the purchase price, such as electrical, plumbing and heating fixtures, wood, 18 pellet, or gas stoves, built-in appliances, screens, storm doors, storm windows, curtain rods and hardware, attached floor 19 coverings, T.V. antennas, satellite dish, hot tub, air cooler or conditioner, garage door openers and controls, fireplace

20 inserts, mailbox, and trees and shrubs and perennials attached to the Property, attached buildings or structures, unless 21 otherwise noted below:

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26 PERSONAL PROPERTY: The following items of personal property, free of liens and without warranty of condition, 27 are included and shall be transferred by bill of sale:

 

 

 

 

32    LEASED/RENTED PERSONAL PROPERTY: The following personal property is leased/rented:     water softener

33               water conditioner    propane tank     satellite dish    satellite control   alarm system     other                                      34                                                                                                                                                                              .

35 Buyer is responsible for making arrangements concerning Buyer’s right to lease/rent said items and Seller makes no 36 representations or warranties concerning the transferability of said items or the assignment of any agreements relating 37 to the lease/rental of said items.

 

39    PURCHASE PRICE AND TERMS:

40    Total purchase price is                                                                                                                           U.S. Dollars 41 ($                    ) payable as follows:

42    $                                 earnest money to be applied at closing.

43    $                                 as additional cash payment, payable on or before closing. 44 $       .00balance of the purchase price will be financed as follows:

 

45                                                                                                                          Conventional

46                                                                                                                          FHA

47                                                                                                                          VA


MBOH

USDA-RD

Other Institutional Financing


Seller Financing

Assumption of Existing Loans

 

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.

 

 

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©MONTANA ASSOCIATION OF REALTORS®

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51 CLOSING DATE: The date of closing shall be (date)                                                                                       . The 52 parties may, by mutual agreement, close the transaction anticipated by this Agreement at any time prior to the date 53 specified. The Buyer and Seller will deposit with the closing agent all instruments and funds necessary to complete 54 the purchase in accordance with this Agreement.

 

56    POSSESSION: Seller shall deliver to Buyer possession of the property and allow occupancy:

57               when the closing agent is in receipt of all required, signed documents and all funds necessary for the purchase; OR

58               on the date of recording the deed or notice of purchaser’s interest, OR

59                                                                                                                                                                                            60 Property shall be vacant unless otherwise agreed in writing. Seller shall provide keys and/or means to operate locks, 61 mailboxes, security systems, alarms, garage door opener(s), and Property Owner’s Association facilities, if applicable.

 

63    RECEIPT   OF   EARNEST   MONEY:   Buyer   agrees   to   provide   Earnest    Money    in   the   amount   of                                                                                                                                          64                             U.S. Dollars ($                                                                      ) as evidenced by                        Cash, 65 the receipt of which is acknowledged by the undersigned Broker/Salesperson; OR   Check, the receipt of which is 66 acknowledged by the undersigned Broker/Salesperson;       OR,                                                                                                                                                                        67                                                                                                                                                                                .

68    If Buyer fails to pay the Earnest Money as set forth above, Buyer will be in default of this Agreement and Seller shall be

69    entitled to immediately terminate this Agreement and declare any Earnest Money already paid by Buyer to be forfeited.

 

71 All parties to this transaction agree, unless otherwise provided herein, that the earnest monies will be deposited 72 pursuant to Montana Law OR within ( ) business days of the date all parties have signed the Agreement or 73                                                                                                                                                                                                                                           74 and such funds will be held in a trust account by                                                                                                  . 75 Parties agree that interest accruing on earnest money, if any, while deposited shall be payable to:                                                                                                                     76                                                                                                                                                            .

77    If interest is payable to the Broker it is agreed that sums so paid are consideration for services rendered.

78                                                                                                                                                   79 (Broker/Salesperson’s Printed Name and Phone Number)                   (Signature of Broker/Salesperson) 80 To be signed only if in actual receipt of Cash or Check.

 

82 The parties authorize the holder of the earnest money to forward to the closing agent, upon its request, all or any 83 portion of the earnest money required to complete the closing of the transaction.

 

85 FINANCING CONDITIONS AND OBLIGATIONS:

 

 

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BUYER’S REPRESENTATION OF FUNDS: Buyer represents that they have sufficient funds for the  down payment and closing costs to close this sale in accordance with this Agreement and are not relying upon any contingent source of such funds unless otherwise expressly set forth herein.

 

LOAN APPLICATION: If Buyer fails to make written application for financing and  pay  to  the  lender  any required fees, apply for assumption of an existing loan or contract, or initiate any action required  for completion       of       a       contract       for       deed       by      5:00       P.M.       (Mountain       Time)       (date)                                                                                                                                                                                Buyer will be in breach of this Agreement and Seller can exercise Seller’s remedies under this Agreement.

 

V.A.  BUYERS:  It  is  expressly  agreed  that,  notwithstanding  any  other  provisions  of  this  contract,  the  Buyer shall not incur any penalty by forfeiture of earnest money or otherwise be obligated to complete the purchase of the Property if the contract purchase price or cost exceeds the reasonable value of the Property established by the Veteran’s Administration. The Buyer shall, however, have the privilege and option of proceeding with the  consummation  of  this  Agreement  without  regard  to  the  amount  of  the  reasonable  value  established  by the Veteran’s Administration.

 

 

 

 

 

 

 

 

 

 

 

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©MONTANA ASSOCIATION OF REALTORS®

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F.H.A. BUYERS: In the event funds for the transaction anticipated by this Agreement are to be derived from an F.H.A. insured loan,  it  is  expressly  agreed  that,  notwithstanding  any  other  provisions  of  this  Agreement, the Buyer shall not be obligated to complete the purchase of the property described herein or  to incur  any penalty by forfeiture of earnest money deposits or otherwise, unless the Buyer has received a  written statement issued by the Federal Housing Commissioner, Veteran’s Administration,  or  a  Direct  Endorsement lender setting forth the appraised value of the Property for mortgage insurance purposes of not less than the amount set forth in the APPRAISAL PROVISION section,  which amount is incorporated  herein by reference. The Buyer shall have the privilege and option of proceeding with the consummation of this Agreement without regard to the amount of the appraised valuation made by the Federal Housing Commissioner. The appraised valuation is arrived at to determine  the  maximum  mortgage  the  Department  of  Housing  and  Urban Development (HUD) will insure. HUD does not warrant the value nor the condition of the Property. The Buyer should satisfy himself/herself that the price and condition of the Property are acceptable.

 

 

115 DETECTION DEVICES: The Property is equipped with the following detection devices:

 

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Smoke detector(s)

Carbon monoxide detector(s)

Other fire detection device(s):

 

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121      PROPERTIES INSPECTIONS: The Buyer is aware that any Brokerage Firm(s) and Salespersons involved in the

122      transaction anticipated by this Agreement have not conducted an expert inspection or analysis of the Property or its

123      condition and make no representations to the Buyer as to its condition, do not assure that the house and/or buildings

124      will be satisfactory to the Buyer in all respects, that all equipment will operate properly or that the Property and/or

125      improvements comply with current building and zoning codes and ARE NOT building inspectors, building contractors,

126      structural engineers, electricians, plumbers, sanitarians, septic or cesspool experts, well drillers or well experts, land

127      surveyors, civil engineers, flood plain or water drainage experts, roofing contractors or roofing experts, accountants,

128      attorneys, or title examiners, or experts in identifying hazardous waste and/or toxic materials.

 

130       CONTINGENCIES: The contingencies set forth in this Agreement or on attached addenda shall be deemed to have

131       been released, waived, or satisfied, and the Agreement shall continue to closing, unless, by  5:00 p.m. (Mountain

132      Time) on the date specified for each contingency, the party requesting that contingency has notified the other party or

133      the other party’s Broker/Salesperson in writing that the contingency is not released, waived, or satisfied. If a party has

134       notified the other party on or before the release date that a contingency is not released, waived, or satisfied, this

135       Agreement is terminated, and the earnest money will be returned to the Buyer, unless the parties negotiate other

136       terms or provisions.

 

 

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INSPECTION CONTINGENCY:

This Agreement is contingent upon Buyer’s acceptance of the Property conditions identified through any inspections or advice requested below. Buyer agrees to acquire, at Buyer’s own expense, independent inspections or advice from qualified inspectors or advisors of the Buyer’s choice. Buyer agrees that any investigations or inspections undertaken by Buyer or on his/her behalf shall not damage or destroy the property, without the prior written consent of Seller. Further, Buyer agrees to return the property to its original condition and to indemnify Seller from any damage or destruction to the property caused by the Buyer’s investigations or inspections, if Buyer does not purchase the property.

 

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Home Inspection

Seller’s Property Disclosure Roof Inspection Structural/Foundation Inspection Electrical Inspection

Plumbing Inspection


Review and Approval of Protective Covenants

Easements

Flood Plain Determination Water Sample Test

Septic or Cesspool Inspection Mineral Rights Search

 

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Heating, ventilation, cooling system – Inspection              Radon

Wood Stove/Fireplace Inspection                                     Asbestos

Pest/Rodent Inspection                                                     Wild Fire Risk Well Inspection for condition of Well and Quantity of Water        Legal Advice

Accounting Advice                                                           Toxic Waste/Hazardous Material

Survey or Corner Pins located                                           Underground Storage Tanks

Access to Property                                                             Sanitary Approval/Septic permit

Verification of # of code compliant bedrooms                  Mold

 

161 Water Rights Airport Affected Area
162 Zoning Determination Road Maintenance

 

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Verification of square footage of improvements                       Verification of lot size

 

 

 

 

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Other

 

Unless Buyer delivers written notice of Buyer’s disapproval of the Property conditions on or before (date)

 

166                                                         , this contingency shall be of no further force or effect. If Buyer disapproves of

 

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the property condition, Buyer shall deliver written notice to the Seller or the Seller’s Broker/Salesperson on or before the date specified above, together with a copy of that portion of the inspection or report upon which the disapproval is based. Buyer shall also state whether Buyer elects to immediately terminate the Agreement or negotiate a resolution of the conditions noted. If Buyer elects to negotiate a resolution of the conditions noted, the notice must contain all of Buyer’s objections and requested remedies. If the parties enter into a written agreement in satisfaction of the conditions noted, this contingency shall be of no further force or effect. If the parties cannot come to written agreement in satisfaction of the conditions noted or if the Buyer does not withdraw, in writing, his/her disapproval of the condition noted, on or before (date)                                 , the earnest money shall be returned to the Buyer, and the agreement then terminated.

 

FINANCING CONTINGENCY:

This Agreement is contingent upon Buyer obtaining the financing specified in the section of this Agreement entitled “PURCHASE PRICE AND TERMS“. If financing cannot be obtained by the Time for Completion (defined below), this Agreement is terminated and the earnest money will be refunded to the Buyer. If third-party financing of a type specified herein is required by the terms of this Agreement (including assumptions, contracts for deed, and lender financing) the closing shall occur on the date specified or as soon thereafter as financing is completed, but no later                days after the stated closing date (the “Time for Completion“); OR

This Agreement is contingent upon the Buyer obtaining financing for the Property on terms acceptable to Buyer.  Release Date:                                        .

 

APPRAISAL CONTINGENCY:

Property must appraise for at least ($                              ). If the Property does not appraise for at least the specified amount, this Agreement is terminated and earnest money refunded to the Buyer unless the Buyer elects to proceed with closing this Agreement without regard to appraised value. Written notice of Buyer’s election to proceed shall be given to Seller or Seller’s Broker/Salesperson within                    days of Buyer or Buyer’s Broker/Salesperson receiving notice of appraised value; OR

Property must appraise for at least ($                              ). Release Date:                                           .

 

TITLE CONTINGENCY: This Agreement is contingent upon Buyer’s receipt and approval (to Buyer’s satisfaction) of the preliminary title commitment. Release Date:                                                         days from Buyer’s or Buyer’s representative’s receipt of preliminary title commitment.

 

INSURANCE  CONTINGENCY:  This  Agreement  is  contingent  upon  Buyer’s  ability  to  acquire,  at  a  rate acceptable to the Buyer, hazard insurance on the property. Release Date:                                               .

 

This Agreement is contingent upon

 

 

 

 

 

 

 

Release Date:

210             This Agreement is contingent upon

 

 

 

 

 

 

Release Date:

 

217 ADDITIONAL PROVISIONS:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

240      CONVEYANCE: The Seller shall convey the Property by                                                                    deed, free of

241      all liens and encumbrances except those described in the preliminary title commitment, as approved by the Buyer.

 

243 MANUFACTURED HOME(S): If a MANUFACTURED HOME is included in the sale of this Property, title will be 244 conveyed at time of closing. Year  Make/Model

245 Serial Number                                                        Title Number

 

247      WATER: All water, including surface water or ground water, any legal entitlement to water, including statements of

248      claim, certificates of water rights, permits to appropriate water, exempt existing rights, decreed basins or any ditches,

249      ditch rights, or ditch easements appurtenant to and/or used in connection with the Property are included with the

250      Property, except

.

252      Filing or transfer fees will be paid by Seller,    Buyer,    split equally between Buyer and Seller.

253      Documents for transfer will be prepared by                                                                                                            .

 

255      WATER RIGHT OWNERSHIP UPDATE DISCLOSURE:  By Montana law, failure of the parties at closing or transfer

256      of real property to pay the required fee to the Montana Department of Natural Resources and Conservation for

257      updating water right ownership may result in the transferee of the property being subject to a penalty. Additionally, in

258       the case of water rights being exempted, severed, or divided, the failure of the parties to comply with section 85-2-424,

259       MCA, could result in a penalty against the transferee and rejection of the deed for recording.

 

261 CLOSING AGENTS FEES: Closing agents fee will be paid by   Seller     Buyer     Equally Shared.

 

263      TITLE INSURANCE:  Seller, at Seller’s expense and from a title insurance company chosen by Seller, shall furnish

264      Buyer with an ALTA Standard Coverage Owners Title Insurance Policy (as evidenced by a standard form American

265      Land Title Association title insurance commitment) in an amount equal to the purchase price.  Buyer may purchase

266      additional owner’s title insurance coverage in the form of “Extended Coverage“, “Enhanced Coverage“ for an additional

267      cost to the buyer. It is recommended that buyer obtain details from a title company.

 

269      CONDITION OF TITLE: All mortgages, judgments and liens shall be paid or satisfied by the Seller at or prior to

270      closing unless otherwise provided herein. Seller agrees that no additional encumbrances, restrictions, easements

271      or other adverse title conditions will be placed against the title to the Property subsequent to the effective date of

272      the preliminary title commitment approved by the Buyer.

 

 

 

/ Buyer’s Initials

 

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Seller’s Initials

 

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SPECIAL IMPROVEMENT DISTRICTS: All Special Improvement Districts (including rural SIDs), including those that have been noticed to Seller by City/County but not yet spread or currently assessed, will be:

paid off by Seller at closing;

assumed by Buyer at closing; OR

 

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All perpetual SIDs shall be assumed by Buyer.

 

ASSOCIATION SPECIAL ASSESSMENTS: Any special or non-recurring assessments of any non-governmental association, including those that have been approved but not yet billed or assessed, will be:

paid off by Seller at closing;

assumed by Buyer at closing; OR

 

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PRORATION OF TAXES AND ASSESSMENTS: Seller and Buyer agree to prorate taxes, Special Improvement District assessments for the current tax year, as well as prepaid rents, water and sewer system charges, heating fuel and tank rental, irrigation assessments, Homeowner’s Association dues and/or common maintenance fees, as of the date of closing unless otherwise agreed as set forth in the additional provisions.

 

CONDITION OF PROPERTY: Seller agrees that the Property shall be in the same condition, normal wear and tear excepted, from the date of the execution of this Agreement up to the time Buyer takes possession of the Property. Seller agrees to leave the Property in broom clean or better condition and allow Buyer a walk-through inspection of said Property prior to closing to insure that all appurtenances and appliances included in the sale remain on the Property.

 

NOXIOUS WEEDS DISCLOSURE: Buyers of property in the State of Montana should be aware that  some properties contain noxious weeds. The laws of the State of Montana require owners of property within this state to control, and to the extent possible, eradicate noxious weeds. For information concerning noxious weeds and your obligations as an owner of property, contact either your local County extension agent or Weed Control Board.

 

MEGAN’S LAW DISCLOSURE: Pursuant to the provisions of Title 46, Chapter 23, Part 5 of the Montana Code Annotated, certain  individuals  are  required  to  register  their  address  with  the  local  law  enforcement  agencies as part of Montana’s Sexual and Violent Offender Registration Act.  In  some  communities,  law  enforcement offices will make the information concerning registered offenders available to the public. If you desire further information please contact the local County Sheriff’s office, the Montana Department of Justice, in Helena, Montana, and/or the probation officers assigned to the area.

 

RADON DISCLOSURE STATEMENT: The following disclosure is given pursuant to the Montana Radon Control Act, Montana Code Annotated Section 75-3-606. RADON GAS: RADON IS A NATURALLY OCCURRING RADIOACTIVE GAS THAT, WHEN IT HAS ACCUMULATED  IN  A  BUILDING  IN  SUFFICIENT  QUANTITIES, MAY PRESENT HEALTH RISKS TO PERSONS WHO ARE EXPOSED TO IT OVER TIME. LEVELS OF RADON THAT EXCEED FEDERAL GUIDELINES HAVE BEEN FOUND IN BUILDINGS IN MONTANA. ADDITIONAL INFORMATION REGARDING RADON AND RADON TESTING MAY BE OBTAINED FROM YOUR COUNTY OR

STATE PUBLIC HEALTH UNIT. If the Property has been tested for radon, the Seller will provide a copy of the test results concurrent with an executed copy of this Agreement. If the property has received radon mitigation treatment, the Seller will provide the evidence of the mitigation treatment concurrent with an executed copy of this Agreement.

 

NEWLY CONSTRUCTED RESIDENCE: If this Agreement is for the sale of a newly constructed residence that has not been previously occupied and the Seller is the builder or a developer who built or had the residence built for the purpose of resale, the Seller shall provide the following to the Buyer prior to closing:

 

 

323      (1)    A  statement  of  all  inspections  and  tests  that  were  performed  prior  to,  during,  or  upon  completion  of

 

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construction of the residence; and

(2) An express warranty that is valid for a period of at least  1  year  from  the  date  of  the  sale  of  the residence that will provide detailed descriptions of those components that are included or  excluded  from  the warranty, the length of the warranty, and any specialty warranty provisions or time periods relating to certain components. The warranty provisions must also clearly set forth the requirements that must be adhered to by the Buyer, including the time and method for reporting warranty claims, in order for the warranty provision to become applicable.

 

331      BUYER’S REMEDIES:

332      (A)  If  the  Seller  fails  to  accept  the  offer  contained  in  this  Agreement  within  the  time  period  provided  in  the

333      BUYER’S COMMITMENT section, all earnest monies shall be returned to the Buyer.

334      (B)  If  the  Seller  accepts  the  offer  contained  in  this  Agreement,  but  refuses  or  neglects  to  consummate  the

335       transaction anticipated by this Agreement within the time period provided in this Agreement, the Buyer may:

 

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(1)  Demand  immediate  repayment  of  all  monies  that  Buyer  has  paid  as  earnest  money,  and  upon  the return of such money, the rights and duties of Buyer and Seller under this Agreement shall be terminated;

 

338       OR  (2) Demand that Seller specifically perform Seller’s obligation under this Agreement;

339       OR  (3) Demand monetary damages from Seller for Seller’s failure to perform the terms of this Agreement.

 

341       SELLER’S REMEDIES:

342       If the Seller accepts  the offer contained in this Agreement and Buyer refuses or neglects to consummate the

343      transaction anticipated by this Agreement within the time period provided in this Agreement, the Seller may:

344                            (1) Declare the earnest money paid by Buyer be forfeited;

345      OR  (2) Demand that Buyer specifically perform Buyer’s duties and obligations under this Agreement;

346      OR  (3) Demand that Buyer pay monetary damages for Buyer’s failure to perform the terms of this Agreement.

 

348      BUYER’S AND SELLER’S CERTIFICATION: By entering into this Agreement, each person or persons executing

349      this Agreement, as Buyer or Seller, represents that he/she is eighteen (18) years of age or older, of sound mind,

350      and legally competent to own or transfer real property in the State of  Montana; and,  if acting on behalf of a

351      corporation, partnership, or other non-human entity, that he/she is duly authorized to enter into this Agreement on

352      behalf of such entity.

 

354      FOREIGN PERSON OR ENTITY:  Section 1445 of the Internal Revenue Code provides that a Buyer of a U.S. real

355      property interest may be required to withhold tax if the Seller is a foreign person.  Sellers acknowledge and agree that

356      unless the purchase price of the Property does not exceed $300,000 and Buyer is purchasing the Property for use by

357       Buyer as a personal residence, Sellers shall deliver to Buyer a certificate of non-foreign status and any other

358       certificate, affidavit, or statement as may be necessary to meet the requirements of Section 1445 of the Internal

359      Revenue Code, in a form reasonably acceptable to Buyer and/or Buyer’s attorney. In the event Sellers do not deliver

360      said documents to Buyer at or before closing, Sellers acknowledge and agree that Buyer or the closing agent may

361      withhold ten percent (10%) of the Purchase Price and submit this amount to the Internal Revenue Service, pursuant to

362       Section 1445 of the Internal Revenue Code.

 

364       CONSENT TO DISCLOSE INFORMATION: Buyer and Seller hereby consent to the procurement and disclosure

365      by Buyer, Seller, and Salespersons and their attorneys, agent, and other parties having interests essential to this

366      Agreement, of any and all information reasonably necessary to consummate the transaction anticipated by this

367      Agreement, specifically including access to escrows for review of  contracts, deeds, trust indentures, or similar

368       documents concerning this property or underlying obligations pertaining thereto.

 

370       RISK OF LOSS: All loss or damage to any of the above-described Property or personal property to any cause is

371      assumed by Seller through the time of closing unless otherwise specified.

 

373 TIME IS OF THE ESSENCE: Time is of the essence as to the terms and provisions of this Agreement.

 

375      BINDING  EFFECT  AND  NON-ASSIGNABILITY:  The  Agreement  is  binding  upon  the  heirs,  successors  and

376      assigns of each of the parties hereto; however, Buyer’s rights under this Agreement are not assignable without the

377      Seller’s express written consent.

 

379      ATTORNEY FEE: In any action brought by the Buyer or the Seller to enforce any of the terms of this Agreement,

380      the prevailing party in such action shall be entitled to such reasonable attorney fees as the court or arbitrator shall

381      determine just.

 

383      COMMISSION: The Seller’s and/or Buyer’s commitment to pay a commission in connection with the transaction

384      anticipated by this Agreement is an integral part of this Agreement.

 

386      FACSIMILE: The parties agree that a facsimile copy of this Agreement to Sell and Purchase which contains the

387      parties’ signatures may be used as the original.

 

388      ENTIRE AGREEMENT: This Agreement, together with any attached exhibits and any addenda or amendments

389      signed by the parties, shall constitute the entire agreement between Seller and Buyer, and supersedes any other

390      written or oral agreements between Seller and Buyer. This Agreement can be modified only in writing, signed by

391      the Seller and Buyer.

 

393      COUNTERPARTS: A copy of this Agreement may be executed by each individual/entity separately, and when

394      each  has  executed  a  copy  thereof,  such  copies,  taken  together,  shall  be  deemed  to  be  a  full  and  complete

395      Agreement between the parties.

 

397      EARNEST  MONEY  DISPUTES:  Buyer  and  Seller  agree  that,  in  the  event  of  any  controversy  regarding  the

398       earnest money and things of value held by the Broker, closing agent, or any person or entity holding such money or

399       property, unless mutual written instructions are received by the holder of the earnest money and things of value,

400      Broker or closing agent shall not be required to take any action, but may await any proceedings, or, at Broker’s or

401      closing agent’s option and sole discretion, may interplead all parties and deposit any monies or things of value in a

402      Court of competent jurisdiction and may utilize as much of the earnest money deposit as may be necessary to

403      advance the cost and fees required for filing such action.

 

405 ADDENDA AND/OR DISCLOSURES ATTACHED: (check all that apply):

 

406

407

408

409

410


Lead Based Paint Disclosure                                         Sale of Buyer’s Property

Addendum for Additional Provisions                              1031 Tax Deferred Exchange

Back-up Offer                                                                 Multi-Family Disclosure

Mold Disclosure                                                             Water Rights Acknowledgement

Condominium Disclosure/Addendum

 

 

412      RELATIONSHIP CONFIRMATION: The parties to this Agreement confirm that the real estate licensees’ identified

413      hereafter  have  been  involved  in  the  capacities  indicated  below  and  the  parties  have  previously  received  the

414      required statutory disclosures setting forth the licensees duties and the limits of their obligations to each party:

415                                                                                  of

416      (name of licensee)                                                    (name of Brokerage company)

417      is acting as        Seller’s Agent/Salesperson     Dual Agent/Salesperson      Statutory Broker.

 

419                                                                             of

420 (name of licensee)                                                    (name of Brokerage company)

421 is acting as       Buyer’s Agent/Salesperson     Dual Agent/Salesperson     Statutory Broker;

422                          Seller’s Agent/Salesperson (includes Seller’s Sub-Agent or Salesperson).

 

424 BUYER’S ACKNOWLEDGMENT: Buyer acknowledges that prior verbal representations by the Seller or Seller’s

425 representatives  do  not  modify  or  affect  this  Agreement.  Buyer  acknowledges  that  by  signing  this  Agreement

426 he/she has examined the subject real and personal Property; has entered into this Agreement in full reliance upon

427 his/her independent investigation and judgments; and has read and understood this entire Agreement.

 

429 BUYER’S COMMITMENT: I/We agree to purchase the above-described Property on the terms and conditions set

 

430 forth in the above offer and grant to said Salesperson until (date)                                , at


                ■ am       pm

 

431 (Mountain Time) to secure Seller’s written acceptance, whether or not that deadline falls on a Saturday, Sunday or

432 holiday. Buyer may withdraw this offer at any time prior to Buyer being notified of Seller’s written acceptance. If Seller

433 has not accepted by the time specified, this offer is automatically withdrawn.

 

435 The parties hereto, all agree that the transaction contemplated by this document may be conducted by electronic

436 means in accordance with the Montana Uniform Electronic Transaction Act.

 

 

 

 

 

 

 

 

 

 

 

/ Buyer’s Initials


©MONTANA ASSOCIATION OF REALTORS®                   Page 8 of 9

Buy/Sell, October 2011

 

/ Seller’s Initials

 

437 I/WE HEREBY ACKNOWLEDGE receipt of a copy of this Agreement bearing my/our signature(s).

 

439 Buyer’s Address:                                                                        City                                                                      ,

 

441 State                                              , Zip Code                      Phone Number

 

443 Buyer’s Name Printed:

 

 

445 Dated this                                                , at


am      pm (Mountain Time).

 

 

 

448

449 (Buyer’s Signature)                                                                 (Buyer’s Signature)

 

 

452 OFFER PRESENTATION: This offer was presented to the Seller(s) on

 

454 Date:                             Time                                        am      pm By:

455                                                                                                                (Signature of person presenting the offer)

 

457 SELLER’S COMMITMENT: I/We agree to sell and convey to Buyer the above-described Property on the terms

458 and  conditions  herein  above  stated.  I/We  acknowledge  receipt  of  a  copy  of  this  Agreement  bearing  my/our

459 signature(s) and that of the Buyer(s) named above.

 

461 Seller’s Address:                                                                       City                                                                      ,

 

463 State                                              , Zip Code                      Phone Number

 

465 Seller’s Name Printed:

 

 

467 Dated this                                                , at

 

 

470

471 (Seller’s Signature)

 

473 ACTION TAKEN, IF OTHER THAN ACCEPTANCE:


am     pm (Mountain Time).

 

 

 

 

(Seller’s Signature)

 

 

 

475

476


Rejected by Seller         /            /

Seller’s Initials Date


Modified per Attached Counter         /            /

Seller’s Initials Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

NOTE: Unless otherwise expressly stated the term “Days” means calendar days and not business days. Business days are defined as all days as except Sundays and holidays. Any performance which is required to be completed on a Saturday, Sunday or a holiday can be performed on the next business day.

 

©MONTANA ASSOCIATION OF REALTORS®                    Page 9 of 9

Buy/