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Mandated DisclosuresSeller LiabilityMEDIUM

In Montana, a seller who makes a good faith disclosure of known property defects primarily:

Correct Answer

B) Is protected from liability for defects that were honestly disclosed

Under Montana law (MCA 37-51-313), a seller who honestly and in good faith discloses known defects on the required seller disclosure form is protected from later liability claims related to those disclosed items. This good faith disclosure limits the seller's exposure to lawsuits for defects that were openly communicated to the buyer prior to closing.

Answer Options
A
Is required to disclose all pending lawsuits involving the property
B
Is protected from liability for defects that were honestly disclosed
C
Automatically satisfies all building code inspection requirements
D
Qualifies for a reduction in property tax obligations

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Related Topics & Key Terms

Related Topics:

seller disclosure statementmaterial factscaveat emptorMontana MCA 37-51-313buyer due diligence

Key Terms:

seller disclosuregood faithliability protectionMCA 37-51-313known defects

Related Concepts

Flood zone disclosure requires informing buyers whether a property is located in a designated flood zone as mapped by FEMA. Properties in high-risk flood zones may require mandatory flood insurance.

HOA disclosure requires informing buyers about the existence, rules, fees, financial health, and restrictions of a homeowners association governing the property. This information helps buyers understand their obligations before purchase.

The Lead-Based Paint Disclosure is a federally mandated disclosure required for all residential properties built before 1978. Sellers and landlords must disclose known lead-based paint hazards and provide the EPA pamphlet "Protect Your Family From Lead in Your Home."

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