Montana, here I come!

		What to look for! Buyer - Be Aware!
		Know the Law! Montana is not Buyer Friendly. The principles of CAVEAT EMPTOR still apply in Montana when the purchase of a pre-owned residence is involved.
		When a buyer who finds after a sale that the used house purchased has a material defect, neither the seller nor seller's agents will be responsible unless the buyer can prove all the following: - There was a material defect which adversely affects health or safety; - The seller or the seller's agent knew of the defect before the sale; - The defect was such that it could not be discovered by due diligence; and - The house was not bought "as is." A buyer's agent who knows of material defects is in a very different position. Agents of the buyer have a responsibility under the law of agency to tell the buyer everything known about a transaction. Caveat emptor does not apply, and offers no protection to agents of the buyer. If you have a written buyer's agent agreement with a licensee, your agent is obligated to check all statements made by the seller and seller's agent.
		Caveat Emptor is one very good reason to employ a buyer's agent who is 100% on your side 100% of the time.
		If you are planning to buy a farm or a ranch, be sure to click on the link at the top left in the yellow box "Resource Council" - download the file "Your Land your Rights." It will explain in detail what can happen if you don't own the mineral rights to your property and what you can do about it. I have more information posted on that on "S Montana Vitals"
		The principles of caveat emptor do not allow a seller or the seller's agents to engage in fraud, or deceit, or to make misrepresentations about the condition of property. The law is clear that when a buyer asks a question about a specific property condition, the answers must be truthful and complete. Likewise, a seller or seller's agents can be liable for fraud if they knowingly take action to conceal a material fact with intent to deceive or mislead the buyer. Misrepresentations and fraudulent action are very different from simply remaining silent about matters, has no duty to disclose. Note: Quotes are from an article by Charles R. Sowell, General Counsel for the Alabama Real Estate Commission, appearing in UPDATE, Fall 1993. Ask for a completed Property Condition Disclosure statement where the seller discloses the known condition of the property by answering specific questions about the property and keep your eyes open! A proper home inspection is valuable. GET ONE!! If you follow my link on the left "Home Inspections" it will bring you to a detailed site on home problems and home inspections.
		Few homes are in perfect condition...and it's better to know ahead of time what's wrong. Attic Look for signs of roof leaks, check type and amount of insulation. Bathrooms Look for cracks in tiles, signs of leaks, how long it takes to get hot water and proper ventilation. Bedrooms Are they large enough for your family? Does each have a window? Brickwork Check for cracks and loose or missing mortar. Chimney Check for tilting, loose or missing bricks. Cooling Check the type of system, its age and condition, the unit's warranty and the utility bills from last year. Doors Do they close without binding? Are the locks adequate and in good condition? Driveway Look for holes and cracks that might be a safety hazard. Electrical Check the service box for circuit breakers or fuses, determine the system's age and look for exposed wires and signs of wear. Entrance Check the condition of the steps, handrails and posts for loose or unsafe conditions. Fireplace Check the operation of the damper and ask when it was last cleaned. Floors Look for uneven areas and squeaks or movement when you walk on them. Foundation Look for holes or cracks and unevenness. Grounds Locate property lines, check condition of trees, shrubbery and grass. Gutters Check for missing sections, gaps or holes and signs of leaks. Heating Check out the type of system and date of last service. Ask for copies of bills for last year. Hot water Look for signs of leaking or rusting. Ask the age of the heater and the capacity or recovery rate. Kitchen Is there enough room?...cabinets, shelves and counter space. Are there any leaks under the sink? Which appliances come with the house? Living and Dining Room Are they large enough and do they suit your family's lifestyle? Paint Check for chipping, peeling and blistering. Roof Look for signs of wear, ask its age and if it's under warranty and if so ask who. Siding Look for loose or missing pieces, lifting and warping. Stairs Look for loose treads or handrails and squeaking or movement when you walk on them. Storage space Are there enough closets in the house? Is there other adequate inside and outside storage? Walls and Fences Look for holes, loose or missing sections and rotted boards. Windows Look for cracked or broken glass, cloudy spots, broken sash cords, loose frames and locks.
		Ask about termite inspections, well and septic inspections or any other inspections you may feel necessary. Find out about any warranties that may be available on the roof, appliances, hot water heater, furnace and air conditioning equipment. On new homes, ask about builder's new home warranties and any state laws that may apply to new construction. Always have a home inspection done by a qualified home inspector! Subscribe to my monthly Newsletter: Name E-mail: Click on this envelope to send me an email, I am looking forward to hearing from you!