Eric Linville

Breaking Down “The Offer” So You Know Exactly What You’re Signing

If you’re buying or selling a home in Montana, you’re going to come across a little document with big impact: the Buy-Sell Agreement. Around here, we often just call it “the offer,” but this 10+ page contract is much more than a handshake on paper—it’s the foundation of your real estate transaction.

At Ridge Realty Windermere, we walk our clients through this agreement every day. But if you’re new to the process or just want a refresher, this guide will break it all down—in plain English, Montana-style.

🏠 What Is a Buy-Sell Agreement?

It’s a legally binding contract between the buyer and the seller that lays out:

The price and terms of the sale
Who pays for what
Important deadlines
What happens if something goes wrong
Which inspections or contingencies are included

This document is custom to Montana, written by the Montana Association of REALTORS®, and used in nearly every residential real estate deal in the state.

✍️ Key Sections You’ll See in the Agreement

Let’s walk through some of the most important parts:

📍 Property Description

The agreement starts with the legal description of the home—address, lot, and block—plus a list of everything included in the sale (like appliances, sheds, satellite dishes, wood stoves, and more).

💰 Purchase Price & Financing Terms

You’ll outline:

The full price you’re offering
How much you’re putting down as earnest money
Whether you’re paying cash or getting a loan (FHA, VA, conventional, etc.)

📅 Closing Date & Possession

This is when the home officially changes hands. The agreement includes:

Your target closing date
When the buyer can move in
Who’s responsible for delays caused by financing

🔒 Earnest Money

This is the buyer’s “skin in the game.” It goes into escrow and gets credited at closing. If the buyer backs out without a valid reason, they may lose it. But if the seller fails to hold up their end, the buyer usually gets it back.

🧾 Contingencies

These are “if this, then that” clauses. Common ones include:

Inspection Contingency – Buyer can back out or renegotiate if issues are found
Financing Contingency – Buyer isn’t locked in if their loan falls through
Appraisal Contingency – Especially for FHA/VA loans; if the home doesn’t appraise, the buyer can walk
Title Contingency – The buyer has a right to review and object to certain title issues
Insurance & Lead Paint – If these are a concern, buyers can exit with no penalty

🔍 Inspection Section

This section outlines all the inspections the buyer may want to complete, such as:

Home/structural inspection
Roof & foundation check
Septic and well tests
Radon, meth, asbestos
Water rights, wildfire risk, mold, pest/rodent inspection
Internet availability, access to property, zoning, square footage, and more

🔎 It’s a full Montana-style deep dive—because we know our land, climate, and homes come with unique quirks.

🛠️ Disclosures & Fixtures

This section includes:

The Owner’s Property Disclosure
What personal property is included (washer, dryer, etc.)
Any leased items (water softeners, propane tanks, security systems)

📜 Legal Details

The final pages cover the legal fine print:

Remedies if either side defaults
Who pays for title insurance
Possession timelines
Prorated property taxes, propane, and HOA dues
Sections on 1031 exchanges, Megan’s Law, radon disclosure, and more

🤝 What Happens After the Offer Is Accepted?

Once both parties sign:

The deal is binding
Deadlines start ticking
Earnest money is collected
Inspections begin
The title company gets to work

From there, your agent, lender, and title team will help guide you to the finish line.

💬 Final Thoughts from Ridge Realty Windermere

Buying or selling real estate in Montana is a big deal, and the Buy-Sell Agreement is your blueprint. It’s designed to protect both sides, but it’s also detailed and time-sensitive. That’s why having an experienced, local team makes all the difference.

At Ridge Realty Windermere, we’ve helped hundreds of Montana buyers and sellers navigate this process. We know the forms, the fine print, and the land we live on.

📞 Have questions about the Buy-Sell Agreement or want to walk through an offer together?

We’re here to help — with clarity, care, and a whole lot of Montana know-how.

📧 Email: linville406realty@gmail.com
🌐 Website: www.ridgerealtymt.com
📘 Facebook: Ridge Realty Group MT
▶️ YouTube: Ridge Realty Windermere Channel

Big moves deserve big support. We’re proud to be your local real estate experts in Gallatin Valley and beyond.

Everything You Need to Know Before You Sign on the Dotted Line

In Montana, buying or selling a home isn’t just a transaction—it’s a big life move. And at Ridge Realty Windermere, we know how important it is to make that move with confidence. Whether you’re looking at a historic farmhouse in Manhattan, a new build in Bozeman, or a mountain retreat in Big Sky, one step stands between excitement and regret: a comprehensive inspection and property review.

With our 25+ years of local experience, we’ve compiled the ultimate checklist of what to inspect, research, and verify—because in Montana, there’s a lot more to consider than meets the eye.

🧰 STRUCTURE, SYSTEMS & SAFETY

🏠 Property Inspection

Start with a certified general home inspection to get an overview of the home’s condition. Then go deeper with the specialties below:

🏚️ Roof Inspection

Heavy snow, ice dams, and hail can take a toll on Montana roofs. Inspections look for:

Damaged shingles
Leaks in attic spaces
Proper drainage systems

🏗️ Structural & Foundation Inspection

Montana’s freeze-thaw cycles can cause shifting and cracking. Be on the lookout for:

Foundation movement or damage
Uneven floors and cracks in walls
Crawlspace moisture

🔌 Electrical Inspection

This includes checking:

Breaker panel condition
GFCI outlets in wet areas
Outdated or overloaded wiring

🚿 Plumbing Inspection

Pipes can freeze and burst during harsh winters. Inspectors check:

Water pressure
Leaks or corrosion
Functionality of sinks, toilets, water heaters

🔥 HVAC (Heating, Ventilation, Cooling)

Make sure the systems are efficient and safe. Inspect:

Furnace and AC age & function
Filters and ductwork
Carbon monoxide risks

🧪 Radon Testing

Montana has elevated radon levels in many areas. Testing is inexpensive and essential for long-term health.

💦 Water Sample Test

If the home is on a well, water should be tested for:

Bacteria
Nitrates
Heavy metals or other contaminants

💧 WATER, WASTE, & ENVIRONMENTAL CONCERNS

🧼 Well Inspection

This covers both the flow rate (quantity of water) and the equipment condition (pressure tank, pump, etc.).

🧻 Septic or Cesspool Inspection

Check for:

Septic tank capacity
Functionality of drain field
Last service/pumping date

🦠 Mold

Snowmelt and crawlspaces are mold-prone. Air tests and visual inspections help ensure a healthy environment.

🧪 Methamphetamine Residue Testing

Protect your health and investment—some homes have hidden contamination. Specialized inspectors can confirm safety.

🧪 Asbestos

Common in older siding, insulation, and tile. If the home predates 1980, asbestos testing is wise—especially before renovations.

☢️ Toxic Waste / Underground Storage Tanks

Old fuel tanks or chemical storage can lead to environmental liability. These are more common in rural properties or older homes.

🌬️ Wildfire Risk

Homes near forested or grassy areas may face insurance limitations. Inspect defensible space and vegetation near the home.

🌊 Floodplain Determination

Don’t rely on guesswork. FEMA maps and insurance requirements are influenced by flood zone placement.

🧭 LEGAL, LAND, & PROPERTY RIGHTS

📋 Owner’s Property Disclosure Statement

Montana sellers are required to disclose known issues. Review this document carefully—it’s a legal obligation, and a key insight tool for buyers.

📜 Easements

Check for utility or shared driveway easements. They can affect privacy, access, or future development plans.

🧱 Mineral Rights Search

In Montana, mineral rights may be severed from surface rights. Know if someone else can drill or mine on your land.

🔖 Zoning Determination

Important for future building plans, livestock, or business use. Local zoning will dictate what’s allowed on the property.

📐 Surveyor – Corner Pins Located

Make sure boundary markers (corner pins) are visible and recorded. This avoids disputes and confirms lot size.

📏 Verification of Square Footage & Lot Size

Public records are sometimes inaccurate. Have a professional measure if you’re buying based on size or planning renovations.

💧 Water Rights

Essential for rural or agricultural properties. Confirm ownership and whether they transfer with the property.

✈️ Airport Affected Area

Homes near airports, especially in Belgrade and Bozeman, may face noise issues or restrictions.

🛠️ ACCESS, COVENANTS, & PROPERTY LOGISTICS

🛣️ Access to Property

Ensure the property has legal access (not just a road) and check if it’s publicly or privately maintained.

🚧 Road Maintenance

Who’s responsible for plowing and grading? For rural homes, this can be a big deal.

🏘️ Review & Approval of Protective Covenants

HOAs and subdivisions often have rules on building materials, fencing, parking, and even paint colors. Know before you buy.

🌐 Internet Availability & Speed

Some areas still lack reliable service. Check with local ISPs and test real-time speeds if you rely on working from home.

📦 Post-Closing Rental Obligations

If there’s a rent-back agreement, clarify:

Lease terms
Responsibility for utilities & maintenance
Insurance coverage

🧠 PROFESSIONAL SUPPORT YOU’LL NEED

⚖️ Legal Advice

Have an attorney review title documents, covenants, easements, and complex agreements.

🧾 Accounting Advice

Get ahead on:

Tax implications of a sale
Capital gains
Rental income reporting

✅ Wrapping It All Up

No two Montana properties are the same—and neither are the inspections they require. At Ridge Realty Windermere, we walk alongside you through every step, every form, every inspection. From the highlands of Bridger Canyon to the farmlands of Three Forks, we’ve helped buyers and sellers navigate all of this and more.

Because peace of mind is worth more than a polished countertop.

💬 Have Questions or Ready to Get Started?