Buying a home in Montana
When purchasing a home in Montana, buyers should always make sure that the language in the contract precisely mirrors their understanding of the transaction. Identify vague and ambiguous contract wording so it may be clarified in the final contract — any assumptions or implied meanings will not be enforced by the Montana courts. Always get written documentation to give proof of what has been agreed prior to purchase. Oral contracts that convey interests in property are invalid in Montana and will not typically be enforced by the courts (M.C.A. § 70-20-101). The state of Montana is what is known as a "Buyer Beware" state, and the courts will usually uphold caveat emptor clauses in property sales contracts. This means they will not normally award any damages to buyers who have discovered faults or defects in the home after the contract is signed. There are of course a few exceptions to this rule:- The seller of a property actively prevented a prospective buyer from carrying out an inspection on the home. This is known as fraud or misrepresentation
- In 1982 the Montana Supreme Court applied the “warranty of habitability” clause which means that when a buyer purchases a new build home, there is a guarantee that the home was “constructed in a workmanlike manner and is suitable for habitation”
Refinancing a home in Montana
Montana is another of the many states that see little reason to interfere with mortgage refinancing. Of course, it regulates lenders. And federal rules still apply. But Montanans should find few if any state-level barriers to their refinance plans. You’re likely to want to refinance for one of three reasons. To:- Get a lower rate or monthly payment or both
- Extract some of the value of your home in the form of a check with a cash-out refinance
- Shorten the length of time before you’re mortgage-free