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How to sell your house by owner in Montana

For sale by owner (FSBO) in Montana, without a realtor · rules checked · sources

Attorney at closing
Not required
Seller disclosure
Required
State transfer tax
None

Montana doesn't require an attorney: an escrow company usually handles the closing. Montana sellers must give buyers a written seller disclosure (MCA 70-20-502). Montana has no state real estate transfer tax.

General information, not legal advice. Rules change and counties add their own; check with a Montana real estate attorney or title company before you sign anything. Last checked October 20, 2026.

Montana transfer tax and savings calculator

State transfer tax (none)
$0
Commission you don't pay (5–6%)
$20,000–$24,000
Saved if you still pay the buyer's agent (2.5–3%)
$10,000–$12,000

Example for a $400,000 sale. State tax only; county or city taxes may add to it. Commissions are negotiable and vary; these are typical ranges, not quotes.

Steps to sell a house without a realtor in Montana

  1. Price it from sold homes, not asking prices. Pull recent sales of similar homes nearby from the county records or the "sold" filter on the big portals, or pay a licensed appraiser for a pre-listing appraisal.
  2. Fill in the seller disclosure now. Montana requires it (MCA 70-20-502); buyers should get it before they sign. Get the official form.
  3. Make a listing buyers can judge from home. Bright photos of every room, an honest description, a floor plan and a 360° virtual tour filter out people who were never going to buy, so fewer, better showings.
  4. List it where buyers look. A flat-fee MLS listing (a broker puts you on the MLS for a fixed fee) gets you onto Zillow, Realtor.com and Redfin; add FSBO sites, social media and a yard sign with a QR code to the tour.
  5. Show it, then get offers in writing. Ask for a mortgage pre-approval or proof of funds before a showing, and decide up front whether you'll pay a buyer's agent. Accept with a written purchase agreement; the earnest money goes to the escrow company, not to you.
  6. Open escrow as soon as you accept. In Montana an escrow company usually holds the deposit, collects the documents and pays everyone at closing; the buyer's lender will work with it.
  7. Close. You sign a warranty deed, the escrow company pays off your mortgage and records the deed with the county. Montana charges no state transfer tax, but check for local fees.

Montana seller disclosure

Montana requires sellers to disclose the home's known condition in writing (MCA 70-20-502). Give it to the buyer before they sign the purchase agreement: a late or missing disclosure can let the buyer cancel or sue.

Sellers of residential property must give the buyer a written statement of adverse material facts they actually know about, on or before the time the contract is signed. The contract is not effective until 3 days after the buyer receives it, and the buyer can withdraw in that window. Some transactions are exempt (MCA 70-20-503).

Official form or statute

Whatever the state rule, a home built before 1978 needs the federal lead-based paint disclosure and the EPA pamphlet, and the buyer gets 10 days to test unless they waive it.

Montana transfer tax

Montana has no state real estate transfer tax, so the deed is recorded for the county's recording fee only.

Local taxes: No county or city transfer taxes.

Official transfer tax source

Paperwork for selling a house without a realtor in Montana

Sellers in Montana usually convey with a warranty deed. The title company, escrow officer or attorney prepares it with the other closing documents.

Also expect:

  • Realty Transfer Certificate (Form RTC) must be filed with the county clerk and recorder when the deed is recorded (MCA 15-7-305); it is free but required

No attorney is required, and no transfer tax applies, but the Realty Transfer Certificate must accompany the deed. A title or escrow company normally prepares closing documents; the seller disclosure statement must be delivered before the contract is effective.

The rest of the work is marketing: a clear listing, honest photos and a virtual tour. Tips in how to write a property listing and how to make a virtual tour with your phone.

Frequently asked questions

Can you sell a house without a realtor in Montana?

Yes. No state requires a real estate agent to sell your own home. Montana doesn't require an attorney: an escrow company usually handles the closing. The steps are on this page.

Do I need a lawyer to sell my house in Montana?

No. Montana doesn't require an attorney: an escrow company usually handles the closing. An attorney is still worth it if the contract or the title is unusual.

Are seller's disclosures required in Montana?

Yes. Montana sellers must give buyers a written seller disclosure (MCA 70-20-502). Sellers of residential property must give the buyer a written statement of adverse material facts they actually know about, on or before the time the contract is signed. The contract is not effective until 3 days after the buyer receives it, and the buyer can withdraw in that window. Some transactions are exempt (MCA 70-20-503). Official form or statute. Homes built before 1978 also need the federal lead-based paint disclosure.

How much is the transfer tax in Montana?

Montana has no state real estate transfer tax. No county or city transfer taxes. Official source.

What paperwork do I need to sell my house without a realtor in Montana?

Usually the seller disclosure; a written purchase agreement; a warranty deed; the lead-based paint disclosure if the home was built before 1978; Realty Transfer Certificate (Form RTC) must be filed with the county clerk and recorder when the deed is recorded (MCA 15-7-305); it is free but required. The escrow company prepares the closing documents and records the deed.

How much do you save selling a house without a realtor in Montana?

On a $400,000 sale, a 5–6% commission is $20,000–$24,000. If you still pay the buyer's agent, you save the listing side, about $10,000–$12,000.

Sources

General information, not legal advice. Rules change and counties add their own; check with a Montana real estate attorney or title company before you sign anything. Last checked October 20, 2026.

Compare all states: attorney rules, disclosure and transfer tax →