Montana Code 70-20-501. Definitions
70-20-501. Definitions. Unless the context requires otherwise, in this part the following definitions apply:
Terms Used In Montana Code 70-20-501
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Property: means real and personal property. See Montana Code 1-1-205
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
(1)”Adverse material fact” means a condition, malfunction, or problem that would have a materially adverse effect on the monetary value of real property, that affects the structural integrity of any improvements located on the real property, or that presents a documented health risk to occupants of the real property or would impair the health or safety of future occupants of the real property.
(2)”Buyer” means one or more persons who are attempting to acquire an ownership interest in real property.
(3)”Contract” means a real estate purchase contract between a buyer and a seller for the sale, conveyance, or exchange of real property, the option to purchase real property, or a lease with an option to purchase real property.
(4)”Disclosure statement” means the statement described in 70-20-502(1).
(5)”Offer to purchase” means an offer to transfer real property made by a buyer pursuant to a written contract.
(6)”Person” means an individual, corporation, limited liability company, partnership, association, trust, or other legal entity or any combination of these.
(7)”Residential real property” means real property that is improved by a building or other structure designed or intended for occupancy as a residence and that has one to four dwelling units or an individually owned unit in a structure of any size and includes:
(a)real property that has a combined residential and commercial use;
(b)a manufactured home that has been declared an improvement to real property under 15-1-116; and
(c)a condominium as defined in 70-23-102(7).
(8)”Seller” means one or more persons who are attempting to transfer an ownership interest in real property.
(9)”Transfer” means a sale or conveyance of, exchange of, or option to purchase by written instrument an ownership interest in real property for consideration.