Selling a Home As Is in Montana (A-to-Z Guide)

Offering a house for sale in ‘as is’ condition means the seller doesn’t want to repair anything. The buyers receive the house with its flaws, damages, and other conditions included.

The seller doesn’t give any warranties and won’t pay to have any repairs done. The house is sold as the buyer finds it.

While some states have an ‘as is’ condition clause in the sales contract, Montana has a few boxes that need to be checked and some language to insert in the contract to sell your house ‘as is’.

Absolutely, you can sell a home ‘as is’ in Montana.

Homeowners can offer the house ‘as is’, but buyers under state law have the right to pay for inspections to determine just what they’re buying.

The buyers pay for the inspection services, but the seller must allow access for inspectors to examine everything.

To answer the question, “How do I go about selling my house ‘as is’ in Montana?”, we need to start at the beginning with the state and federal disclosure laws.

The first step in how to sell a Montana house in ‘as is’ condition is completing three disclosures.

These written legal disclosures let participants in the real estate transaction know important details that might not be known by one side in the sale.

The first is the relationship disclosure. It applies to buyers and sellers when using a licensed real estate agent. It’s also called the “agency” disclosure.

A fiduciary is someone who puts your best interests first. And a real estate fiduciary is the person who cares most about your rights and best interests.

The buyer’s agent is their fiduciary and your agent is your fiduciary. If either party doesn’t work with an agent, they’re on their own to protect their own interests.

An agent can represent both buyer and seller when the buyer purchases a listing represented by the same agent. That’s called a “dual agency”.

You’ll see the importance of agency later when we talk about home sales.

The second type of disclosure deals with the property and not the people involved in the sale.

Montana, since 2023, requires the seller to complete a full property disclosure and give this to prospective buyers.

Prior to this law, the real estate broker had to take charge of this duty. It’s now the seller’s responsibility to fill out the form.

The property disclosure asks the seller to itemize any known defects, flaws, issues, or risks to health or safety about the property. The law calls these “adverse material facts”.

A standard Montana disclosure asks you about things you’d expect, like heating and cooling systems, roof, lot size, and any known easements. It also asks for other details you may not know.

No need to hire an inspector to complete this disclosure, but you’ll need to make a note of any known defects, problems, or issues that would have a negative impact on the house value.

Some of the items you’ll see on the Montana property disclosure include:

• selling a house that has been tested or treated for mold, asbestos, or radon
• the presence of lead pipes and lead-based paint
• the existence of prior fire damage, termite infestation, or water damage
• selling a house with unpermitted work done to it
• selling a home with foundation problems, failed septic, or the presence of methamphetamine or fuel or chemical storage tanks
• selling a house in a flood zone or a house damaged by contaminated fracking water

Notifying your buyers that you have a haunted house, bed bugs, or selling a home with polybutylene pipes isn’t specifically required on the state disclosure.

If your house has these issues, however, it’s best to share them with potential buyers.

You can leave stuff behind when you sell your Montana house ‘as is’, but only if you disclose you’re doing that. The buyer must also agree to that arrangement.

Once the buyer receives the property disclosure, they have three days to either cancel the sale or continue with the purchase agreement. The buyer can back out without any penalty at that point.

The disclosure isn’t a home warranty. It’s a document stating the known facts about the house at the time of purchase.

After closing the sale, buyers have eight years to challenge any fraudulent statements or disclosure errors. That’s the Montana statute of limitations for a written contract.

The third disclosure is required under federal law. Sellers must disclose the presence of lead paint in a house constructed before 1978.

The seller, or their agent, also needs to provide the buyer a copy of the EPA-approved information pamphlet on identifying lead paint and how to avoid the dangers from lead exposure.

There are a number of considerations to answer the question, “Should you sell your Montana house ‘as is’ or fix it up?” The fastest way to make the decision is to sit down and compile a list of advantages and disadvantages.

Pros of Selling Your House As Is

So let’s start with “Why sell a Montana house ‘as is’?”

• It’s fast! No fixing or cleaning when the buyer agrees to those terms. Just sign the listing and then complete the selling paperwork.

• You’ll eliminate the search for qualified home repair contractors when you sell ‘as is’. It takes time to find quality workers, and you won’t be wasting your time doing that.

• ‘As is’ sales mean no wrangling workers. You’re on the hook to wrangle these workers when you do repairs. You won’t need to make sure they show up and you don’t need to supervise any repair work.

• You may not need to schedule a Montana home inspector’s visit because many times ‘as is’ buyers (notably investors) pass on requesting detailed inspections.

• If you sell to a cash house buyer in Montana, you’ll miss out on seeing your nosiest neighbors parade through your house during the open houses that are sometimes necessary to sell your property.

Cons of Selling Your House As Is

Let’s now list some disadvantages:

• You’re limiting your pool of potential buyers when you sell ‘as is’. Only a small number of traditional buyers each year end up buying fixers. With the exception of a cash real estate buyer in Montana, even fewer buyers actually go out in search of a house to fix.

• Your offers will be lower compared with a move-in ready home. Having an idea of the home seller closing costs helps you to determine if a sales offer covers your costs.

What happens when you sell your house ‘as is’ in Montana? Let’s briefly outline the steps to sell a house before we detail the three options for selling.

1. Listing: In this step, you sign the listing contract and complete all disclosures.
2. Marketing: Next up is promoting the house and finding buyers.
3. Sales contract: The offer and any counteroffers are next. The contracts and disclosures are then signed.
4. Title and escrow: Title traces ownership of the property, and escrow handles the cash and sales paperwork.
5. Closing: The last step is where both parties sign the final document, funding is done, and the keys are turned over at this time to the new buyer.

So now we have the basics, let’s get to the foundation question, “How do I go about selling my house ‘as is’ in Montana?”

How to Sell a House As Is, Fast and For Cash Directly to an Investor

The first option is to sell your home for cash to an investor or an investment company. This is the fastest and easiest way.

Who Are Cash House Buyers?

A cash house buyer is an investor or a group of investors with cash or very quick access to funding. The key is they want to buy your house — and fast!

Property investors in Montana focus on buying rental houses and properties to flip. They look for:

• homeowners selling a house in poor condition
• people inheriting a house and then selling it
• a divorce home sale
• people selling a house with back taxes owed
• someone selling a house for job relocation

and other Montana real estate investment opportunities.

Investors typically use a Montana investor-friendly title agency with experience working with ‘as is’ cash buyers.

Let’s weigh the advantages and disadvantages with an investor sale.

Pros of Selling Your House As Is Directly to an Investor

• Finding a cash home buyer means a quick sale. With cash investors, there is no need to take the weeks required for the typical buyer to apply, qualify, and fund a mortgage loan. Traditional lenders take weeks to qualify buyers and to do appraisals and underwriting.

• When you and the investor both pass on real estate agent representation, you don’t need to pay commissions. You get to pocket that cash. Commissions can eat up a significant amount of your take-home cash from your sale.

• Investors typically also pass on inspections. That saves you time — and a bit of stress. Any inspections done on your house must be shared with other prospective buyers. Investors who skip these avoid that potential problem.

• Investment buyers generally pay the closing costs for both seller and buyer. Closing fees mean another significant reduction to your final take from the house sale.

Cons of Selling Your House As Is Directly to an Investor

• Investors deduct the repair costs and interest from the market price, so you’ll end up with a lower sales price when selling to an investor.

• You won’t have your fiduciary agent to negotiate for your interests with an investor, unless you hire one to represent you in the transaction. You’ll be on your own to make sure you have the best deal when you negotiate without any professional representation. You can hire an agent to represent you, but then you’ll have to pay them a commission reducing your proceeds even further.

Finding the Best Cash House Buying Company

The best place to look for cash house buyers in Montana is on the internet. Use a search engine with these terms:

• we buy houses Billings MT
• iBuyer companies in Billings MT
• cash house buyers in Billings MT
• sell my house fast Billings MT
• sell my house for cash Billings MT

For the best results for houses in a rural area, target the nearest large city for investors specializing in the geographic region where the sale house is located.

How to Choose an Ethical Investor?

Before requesting a cash offer, vet your investor carefully by using multiple sources.

• Review the Montana Better Business Bureau websites to see if your investor has any complaints. If filings have been made, check to see if and how the problems were resolved.

• The Montana Office of Consumer Protection offers a webpage to investigate any claims filed against an investor or investment company operating in the state.

• Ask the investor for a list of prior clients and contact several for recommendations.

• Check to make sure the investor or company has at least three years in the investment field. This provides time to gain some experience dealing with ‘as is’ home transactions.

How to Sell a House As Is by Listing It by Owner

How does selling a house ‘as is’ work in Montana when you sell it yourself? It works the same as when you use a professional real estate agent, but you end up doing everything.

You’re in charge of the entire process — setting the price, advertising, coordinating viewings, and even negotiating with buyers. It can be a rewarding experience, especially since you can skip paying agent fees and keep more of the sale profit.

The first step to selling your home this way is to find out how much your house is worth. Knowing its value helps you set the right price — one that’s fair for you but also competitive enough to catch buyers’ attention.

You can use online tools, look at similar home sales in your area, or even hire an appraiser to get a solid estimate.

Now let’s discuss the ways you can the list and market your for-sale-by-owner (FSBO) listing.

Where Can You List a House For Sale by Owner?

Real estate agents have access to marketing tools, but you can fill out your listing paperwork and use these resources to find your own buyers by:

• using old-school door hangers, sending snail mail, or using social media to share your listing with your friends and neighbors. They may have friends or family who want your house.

• announcing your listing with a yard sign on your property.

• using a limited multiple-listing service. Some Realtors will list your house for a fee and allow you to do the rest of the sales duties.

• using the free ‘for sale by owner’ websites on the internet.

• creating professional-looking videos for your listings. YouTube is free to use for hosting your home tour video.

Pros of Selling Your House by Listing It by Owner

• You know your house and you have full control over all aspects of the sale, including the marketing.

• You’ll save at least half of the real estate commission. Montana agents (the seller’s and the buyer’s agent together) typically charge between 5-6% of the selling price. Half of that fee is a major savings. If your buyer doesn’t use an agent either, you’ll save both sides of the commission.

• When you take charge of the marketing, you can sell to both investor and non-investor buyers to get the best price for your house.

Cons of Selling Your House by Listing It by Owner

• You won’t have a fiduciary to represent you. This is where agency is important. A professional agent knows the law and will make sure your interests are protected.

• Most traditional buyers arrive with a buyer’s agent. That means you’re still on the hook for half the commission fee. You also have less leverage in negotiating closing costs when selling a house by owner.

• Most traditional buyers also need a mortgage to buy your house. That means a delay to process loans and appraisals. If you don’t know the ins and outs of this process, your sale might fall out.

• You don’t have professional training to ensure you meet all the legal requirements. A mistake can cost time, money, and even a court fine if you misrepresent something — maybe even when it’s unintentional.

Your third option for selling a home in Montana is using a real estate agent. Let’s explore that choice now.

Who Are Real Estate Agents?

Real estate agents help you navigate the sale. As a seller, they list your house, market it, and guide you through all the legal paperwork and steps necessary to close the transaction.

Your agent has a fiduciary duty to represent your best interests throughout the entire sales process.

Montana requires all agents to be licensed. They must work under the direction of a supervising broker.

Real estate agents using the title “Realtor” in the Big Sky State belong to the Montana Association of Realtors (MAR), a state branch of the National Association of Realtors (NAR).

Realtors have higher requirements for membership compared to those simply holding a state license.

Realtors take continuing education courses and may have earned additional association certifications.

For example, an agent listing an “ePro” certification on a resume is a specialist in online home marketing. That might be a match with the focus you want to market your house.

Some real estate agents work exclusively with sellers. Some agents focus on representing sellers with houses they want to list in ‘as is’ condition.

Pros of Selling Your House As Is with a Real Estate Agent

• Realtors have access to a proprietary database of listed homes in your area. The service also has comparable sales. This allows your agent to appropriately price your house so you receive the highest selling price.

• Your real estate agent is your fiduciary. They must legally put your best interests first. An experienced agent knows how to move through the selling process so you end up with your interests represented during negotiations.

Cons of Selling Your House As Is with a Real Estate Agent

• Many sellers aren’t aware of how much it costs to hire a Realtor to sell your house. Montana agent commissions run 5-6% of the selling price. The buyer’s and seller’s agent divide this money. This adds a significant amount to the seller’s closing cost in Montana.

• Real estate agents generally bring buyers who require a mortgage to purchase your house. Buyers with loans mean delay. It takes time to apply and qualify for a loan and then to wait for the underwriting to fund a mortgage.

How to Choose an Ethical Real Estate Agent?

• Talk with neighbors and friends who have recently sold a house. They can provide first-hand recommendations for an ethical agent.

• Realtors are members of the Montana Association of Realtors (MAR). The association has a strict ethical code they enforce. Verify the agents’ license with the state and check for any complaints made against the agent with the MAR.

• Ask for the Realtor’s resume and a portfolio if they have one. Look for industry training and recommendations. Contact several former clients to vet a prospective agent.

• Contact the local branch of the Better Business Bureau (BBB) to see if your prospective agent has complaints filed against them with that agency.

• Browse local consumer business-rating websites to read any comments posted there about the agent.

It takes some effort to sell a house, but you now have the basic information to guide you through the sales process. It’s time to sell!