Montana Agency
Practice Questions & Answers (2026)
Agency law is one of the most tested subjects on the Montana real estate exam, and it's also one of the most misunderstood. The Montana Board of Realty Regulation expects licensees to understand the legal duties owed to clients vs. customers, and the specific timing of required disclosures under Montana law. Study these questions carefully — candidates who rely on national agency frameworks and don't account for MT-specific rules are among the most common failures on the state portion.
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Montana Agency — Practice Questions & Answers
133 questions on Agency from the Montana real estate question bank. First 10 are free — sign up to unlock all 133.
Q1. In Montana, which document must be provided to a buyer or seller at first substantive contact with a licensee?
Explanation
Montana requires licensees to provide and explain the Montana Broker Disclosure Form at the first substantive contact to inform consumers of available agency relationships.
Q2. A Montana licensee who represents both buyer and seller in the same transaction with both parties' written consent is practicing:
Explanation
Dual agency occurs when a licensee or brokerage represents both the buyer and the seller in the same transaction. In Montana, dual agency requires written informed consent from both parties.
Q3. Under Montana agency law, an agent owes the duty of confidentiality to their client. This means the agent must NOT disclose:
Explanation
Confidentiality requires the agent not to disclose information that would harm the client's bargaining position, such as the seller's motivation or willingness to accept less than the listing price.
Q4. A Montana seller's agent discovers a material defect during a showing. The agent's duty to the buyer is to:
Explanation
Even when representing the seller, Montana licensees have a duty to disclose known material defects to buyers. This duty to third parties cannot be waived by the seller.
Q5. In Montana, designated agency allows:
Explanation
Designated agency in Montana allows a broker to assign separate agents within the same brokerage to represent the buyer and the seller, reducing the conflicts inherent in dual agency.
Q6. An agent's fiduciary duty of loyalty requires the agent to:
Explanation
The duty of loyalty requires a real estate agent to put the client's interests above the agent's own personal or financial interests throughout the transaction.
Q7. Under Montana law, a buyer's agent owes which of the following duties to the buyer client?
Explanation
A buyer's agent owes the full set of fiduciary duties — obedience, loyalty, disclosure, confidentiality, accounting, and reasonable care (OLD CAR) — to their buyer client.
Q8. The Montana Broker Disclosure Form must be provided at first substantive contact. 'First substantive contact' in Montana typically means:
Explanation
First substantive contact in Montana occurs at the first meeting or discussion where specific property needs, financial qualifications, or buying/selling motivations are addressed.
Q9. A listing agent who tells a prospective buyer that the seller will accept $10,000 less than the list price without the seller's permission has violated the duty of:
Explanation
Disclosing the seller's bottom line without authorization violates the duty of confidentiality, which requires the agent to protect information that would harm the client's bargaining position.
Q10. In Montana, a transaction broker:
Explanation
A transaction broker in Montana facilitates the real estate transaction and assists both parties but does not owe fiduciary duties to either; they provide limited ministerial services.
Q11. Agency by ratification occurs when:
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