Contracts

In Montana, the Statute of Frauds requires real estate contracts to be:

ANotarized by a Montana notary
BIn writing and signed by the party to be charged✓ Correct
CWitnessed by two disinterested parties
DFiled with the county clerk before becoming effective

Explanation

Under Montana's Statute of Frauds (MCA 28-2-903), contracts for the sale of real property must be in writing and signed by the party against whom enforcement is sought. Oral real estate contracts are generally unenforceable in Montana.

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