Montana FSBO Disclosure Requirements (2026)

Montana Disclosure Law

MCA §37-51-310 requires sellers to provide a written Seller's Property Disclosure statement to buyers before or at the time of signing a purchase agreement.

What Must Be Disclosed

Roof condition and known leaks

Foundation or structural defects

Moisture or water intrusion

Heating, plumbing, and electrical systems

Well condition and water quality (critical in rural Montana)

Septic system condition

Any known environmental hazards

Boundary disputes, easements, or encroachments

Water Rights

Montana water law is prior appropriation ("first in time, first in right"). If your property has water rights — irrigation, stock water, domestic — these are appurtenant to the land and must be disclosed and transferred with the property. Failure to disclose water rights issues can invalidate the sale.

Well and Septic

Rural Montana properties commonly rely on wells and septic systems. Sellers must disclose known issues. Buyers routinely request well flow tests, water quality tests, and septic inspections.

Exemptions

Foreclosure sales, estate transfers, new construction, and court-ordered sales are exempt from Montana's disclosure requirements.

Penalties

Knowingly omitting a material defect entitles the buyer to rescind the contract or pursue fraud damages under Montana law.

Download the Montana disclosure form at byownerhub.com/montana-fsbo-guide.