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Montana · MCAMontana real estate closing laws: a checklist for transaction coordinators

Montana's rules for a home sale, in the order a transaction meets them: the seller or seller's agent gives the buyer the statutory radon statement on a document executed before or with the offer, the buyer signs it, and known radon test results and mitigation evidence follow by the contract (MCA 75-3-606). At recording, the clerk and recorder won't accept the deed until the realty transfer certificate declaring the consideration is received, with the water right ownership update form as part of it or attached; the certificate is confidential (MCA 15-7-305, 15-7-308). When the seller is the beneficiary of a transfer on death deed, the property passed subject to its encumbrances and without warranty of title (MCA 72-6-401–72-6-418).

From offer to recording

  1. 1. Radon statement (MCA 75-3-606)

    Signed by the buyer before or with the offer; known tests by the contract.

  2. 2. Realty transfer certificate (MCA 15-7-305)

    Required before the deed is accepted; confidential.

  3. 3. Inherited by TOD deed (MCA 72-6-401)

    Passes subject to encumbrances, without warranty.

Questions about Montana closings

What does Montana require to record a deed?

A realty transfer certificate declaring the consideration, with the water right ownership update form (MCA 15-7-305).

When is the Montana radon statement signed?

On a document executed before or together with the offer (MCA 75-3-606(1)).

The Montana guides

ClosingCode links key Montana checklist steps to these guides – add a deal and the steps come with owners and due dates.

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Sources: MCA 75-3-606, 15-7-305, 15-7-308, 72-6-401–72-6-418 (mca.legmt.gov, read for the linked guides).

General information, not legal advice. Each point links to the guide with the details. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.