Montana · Agency disclosureMontana relationship disclosure: the initial disclosure at the agreement, and a subsequent one when negotiations begin

Montana requires brokers and salespersons to disclose the existence and nature of their agency or other relationships to the parties to a transaction (MCA 37-51-314(1)). A seller agent gives the seller the written initial disclosure when the listing agreement is executed, and a buyer agent gives it to the buyer when the buyer broker agreement is executed; a statutory broker gives it to the buyer when first endeavoring to locate property for the buyer (37-51-314(2)(a), (3)(a), (4)(a)). When negotiations commence, a subsequent written disclosure goes to the other side – the buyer or buyer agent from a seller agent, the seller or seller agent from a buyer agent or statutory broker – and to the agent's own client if acting as a subagent (37-51-314(2)-(4)). An agent who contemplates becoming or becomes a dual agent must disclose that relationship and obtain the buyer's and seller's consent no later than when the dual agency arises (37-51-314(5)). The initial disclosure is written and describes the duties owed under 37-51-313 (37-51-314(6)), and the subsequent disclosure may be included in other transaction documents (37-51-314(7)).