Legal Question in Real Estate Law in Montana

Re: breech of contract

Without knowing the terms of the contract you both signed, it's difficult for me to answer. However, if the contract is the standard Buy-Sell Agreement provided by a MT Realtor, and no changes were made, then a Seller's remedies are found on lines 275-280 of the contract. We generally recommend keeping Buyer's earnest money - easiest remedy and no litigation required. However, you didn't mention why Buyer wants out, but Buyers can walk if certain contingencies are not met; i.e., disapproval of the inspection, failure to get financing after good faith efforts, an appraisal dispute, title dispute, or anything else you agreed to - see your contract. I would have to know more details to be certain. If you need further assistance, our office would be happy to help. Thank you!