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Mandated DisclosuresDisclosure ExemptionsMEDIUM

Which of the following transactions is typically exempt from Montana's seller property disclosure requirements?

Correct Answer

B) Transfer by court order, such as a foreclosure sale

Under Montana law (MCA 70-16-702), certain involuntary or court-ordered transfers are exempt from the seller's property disclosure requirements. A court-ordered foreclosure sale is a common example of an exempt transaction because the transferring party (such as a lender or court trustee) typically has no firsthand knowledge of the property's condition. Other exemptions under Montana law include transfers between co-owners, transfers to a spouse or lineal relative, and transfers pursuant to a court order in a divorce or estate proceeding.

Answer Options
A
Sale of a previously occupied single-family home listed with a real estate agent
B
Transfer by court order, such as a foreclosure sale
C
Sale of a newly constructed home by a private builder
D
Transfer of property between unrelated private parties

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Related Topics & Key Terms

Related Topics:

MCA 70-16-702 disclosure exemptionsforeclosure salescourt-ordered transfersfiduciary transfersMontana seller disclosure law

Key Terms:

disclosure exemptionsMCA 70-16-702foreclosure salecourt-ordered transferfiduciary transfer
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