2020 Montana Code Annotated
Title 70. Property
Chapter 20. Transfer of Real Property
Part 1. Method of Transfer
70-20-113. Notice of presence of smoke and carbon monoxide detectors upon sale of dwelling -- definitions

70-20-113. Notice of presence of smoke and carbon monoxide detectors upon sale of dwelling -- definitions. (1) Upon the sale or transfer of ownership of a dwelling not otherwise required to have a carbon monoxide detector and a smoke detector, the seller shall provide a written notice to the buyer in a buy-sell agreement or at the time of the sale to the buyer that the dwelling is equipped or is not equipped with a carbon monoxide detector and smoke detectors or other fire detection devices.

(2) Neither the seller nor the seller's agent nor the buyer's agent is liable in a civil action for failure to comply with or for negligence in complying with the requirements of subsection (1). Evidence of failure to comply with or of negligence in complying with subsection (1) is not admissible in a civil action.

(3) In this section, the following definitions apply:

(a) "Carbon monoxide detector" means a device that detects the presence of carbon monoxide and emits an alarm at elevated levels of carbon monoxide.

(b) "Dwelling" means a building or portion of a building, including a mobile home or housetrailer, that contains not more than two dwelling units.

(c) "Dwelling unit" means a building or portion of a building that contains living facilities with provision for sleeping, eating, cooking, and sanitation for not more than one family.

(d) "Smoke detector" means a device that detects visible or invisible particles or combustion.

History: En. Sec. 1, Ch. 30, L. 1991; amd. Sec. 1, Ch. 43, L. 2009; amd. Sec. 2145, Ch. 56, L. 2009.