Key Takeaways

  • Montana recognizes seller agency, buyer agency, disclosed dual agency, and statutory broker relationships under MCA 37-51-314
  • Licensees must provide written relationship disclosure at the time the listing or buyer representation agreement is executed
  • Dual agency requires written consent from both parties before it can occur
  • A statutory broker provides limited services without creating a full agency relationship
  • All licensees must disclose known adverse material facts that concern the property under MCA 37-51-313
Last updated: January 2026

Montana Agency Relationships

Montana law defines the types of agency relationships that real estate licensees may have with consumers.

Types of Agency Relationships

Seller Agency

A seller's agent represents the seller in a real estate transaction:

DutyDescription
LoyaltyUndivided loyalty to the seller
ConfidentialityKeep seller's information confidential
DisclosureDisclose all material facts to seller
ObedienceFollow lawful instructions
AccountingAccount for all funds
CareExercise reasonable care and diligence

Buyer Agency

A buyer's agent represents the buyer in a real estate transaction:

DutyDescription
LoyaltyUndivided loyalty to the buyer
ConfidentialityKeep buyer's information confidential
DisclosureDisclose all material facts to buyer
ObedienceFollow lawful instructions
AccountingAccount for all funds
CareExercise reasonable care and diligence

Disclosed Dual Agency

Disclosed dual agency occurs when:

  1. One licensee represents both buyer and seller in the same transaction, OR
  2. Two licensees in the same brokerage represent the buyer and seller

Requirements for Dual Agency

RequirementDescription
Written consentBoth parties must consent in writing BEFORE dual agency begins
Full disclosureFull disclosure of the dual relationship
NeutralityMust remain neutral to both parties
Confidentiality limitsCannot disclose price/terms one party will accept without permission

Warning: Dual agency significantly limits what an agent can do for either party. Full disclosure and written consent are essential.

Statutory Broker Relationship

Montana allows a statutory broker relationship, which provides limited services:

What is a Statutory Broker?

A statutory broker (sometimes called a transaction broker) provides services without creating a full agency relationship:

FeatureDescription
No representationDoes not represent either party
Limited dutiesProvides facilitation services only
Disclosure requiredMust disclose statutory broker status
HonestyMust be honest with all parties

When Used

Statutory broker status may be appropriate when:

  • Neither party wants full representation
  • The licensee cannot or chooses not to represent either party
  • Both parties are sophisticated and need minimal assistance

Duties to ALL Parties

Regardless of agency relationship, Montana licensees owe certain duties to all parties:

Universal Duties

DutyDescription
HonestyDeal honestly with all parties
Fair dealingAct in good faith
Disclose material factsKnown material facts affecting value
Present offersPresent all written offers promptly
Account for fundsProperly handle all money received

What Must Be Disclosed to All Parties

  • Material defects known to the licensee
  • Environmental hazards affecting the property
  • Legal issues affecting title or use
  • Personal interest in the transaction

Key Rule: Even when representing one party, a licensee cannot lie to or defraud the other party.

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Montana Agency Relationships
Test Your Knowledge

What must occur BEFORE a Montana licensee can act as a dual agent?

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Test Your Knowledge

What is a statutory broker in Montana real estate?

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