Montana real estate contract attorney helping you review property contracts

Protecting your interests before you close

Real estate transactions can involve some of the most important financial decisions you’ll ever make. Whether you’re buying or selling, the contract terms matter greatly. They can shape your rights, your obligations, and your exposure to liability down the road.

As a Montana real estate attorney with more than twenty years of litigation experience, I handle real estate contract review to protect clients before disputes arise. I’ve seen many costly problems that could have been avoided with careful real estate contract review before a party closed on a real estate transaction.

While many real estate contracts in Montana have at least one party represented by a real estate agent, and while there is usually title insurance, I see mistaken assumptions, and overlooked obligations, that are expensive to fix after closing.

Why you need an experienced Montana property lawyer

A typical Montana real estate buy sell agreement follows a predictable organization, including but not limited to a description of the real property, the terms of the sale, including earnest money and closing deadlines, contingency deadlines, disclosures by the seller, specific obligations assumed by the buyer, and warranties.

As a buy sell agreement can run on for pages, its terms and conditions can feel like “boiler plate.”

If a problem arises after closing, however, the so called boiler plate will matter, perhaps greatly, and it is advisable to understand it before closing.

What I Look for During Real Estate Contract Review

If you are the seller

You should make any disclosures required by law, but you should think twice about giving warranties that are not required or that are ambiguously worded, meaning that they are unclear or open to competing but reasonable interpretations. And provisions in the event of a default under the buy sell agreement should be very clear indeed.

These are broad examples of pitfalls that I have seen arise from buy sell agreements that were unfavorably drafted on behalf of sellers whether in a commercial or residential context.

If you are the buyer

You’ll want to satisfy yourself as to all of the contingencies in the buy sell agreement. That can mean researching, or hiring people to research, important provisions. As one example, whether the property is subject to zoning. Or covenants. If it is your obligation to determine whether the property is subject to zoning or covenants, then you should do so.

Finding out after closing that you are limited in what you can do with your property can be a very expensive surprise. If you are the buyer, then hopefully the seller has arranged title insurance for the property.

Title insurance is not a guarantee, however, that you will have no issues with the property. Every title commitment has exclusions that should be reviewed in great detail. Even when a title commitment has no exclusion for legal access to a property, it is important to review carefully the actual access.

I’ve seen title commitments that assured legal access, but after closing, the buyers discovered that the recorded easement did not show the actual location of an access, the title company refused to litigate on behalf of the buyer, and expensive litigation ensued.

Special consideration for dual agency

If your agent also represents the seller, or vice versa, then you should be doubly careful.

You’ll want to satisfy yourself as to all of the contingencies in the buy sell agreement. That can mean researching, or hiring people to research, important provisions. As one example, whether the property is subject to zoning. Or covenants.

If it is your obligation to determine whether the property is subject to zoning or covenants, then you should do so.

Title insurance is not a guarantee, however, that you will have no issues with the property.

Every title commitment has exclusions that should be reviewed in great detail. Even when a title commitment has no exclusion for legal access to a property, it is important to review carefully the actual access.

Special consideration for dual agency

If your agent also represents the seller, or vice versa, then you should be doubly careful.

How I handle real estate contract review

When you bring me a real estate contract, I provide a thorough review. I take time to understand your specific situation and objectives, then review the contract with your goals in mind.

I’ll identify potential problems, explain what the contract language actually means in plain terms, and suggest modifications to better protect your interests. If the terms need amendment or negotiation, I can advise you on reasonable requests and handle communication with the other party’s representatives if desired.

Most importantly, I’ll help you understand your contract before closing, not after problems arise.

Common issues I identify during real estate contract review include

Buy sell agreement problems

● Unclear property boundaries or easement rights
● Warranty provisions that expose you to excessive or unnecessary liability after closing
● Contingency terms that give buyers excessive leverage
● Inadequate protection for your earnest money and deposits
● Deadlines that afford too little time to exercise contingencies
● Default provisions that are vague, ambiguous, or fail to give adequate time
● Title issues, disclosed in title commitments, that could affect ownership or resale
● Covenants that unreasonably limit intended property uses

Take action before you sign

Real estate contracts often have tight deadlines and accompanying pressures to close quickly.

If you have entered into a real estate contract, or you are considering one, call me. I can give you clear advice about your risks and options. It’s much easier to negotiate better terms before you sign, or before contingency deadlines have run, than to fix problems afterward.

Don’t let contract deadlines pressure you into skipping a professional real estate contract review. Your investment in legal review before closing can save you substantial money later.

Your real estate investment deserves legal review from an experienced Montana attorney who understands both the law and the practical realities of property ownership.

Protect Your Rights Today

The sooner you address these issues, the better your chances for favorable resolution.

About my real estate experience in Montana

I understand Montana real estate as an experienced real property dispute attorney.

As an attorney with more than twenty years experience, I’ve seen what can go wrong and how it can be prevented.

The cost to do a thorough review of a buy sell agreement and related documents represents a miniscule fraction of the price of a typical Montana property, to say nothing of the costs that can arise if a deal goes badly after closing.