
Montana law specifically defines 'material fact' in a way that excludes suicides, felonies, and an occupant's communicable disease — meaning a seller or agent has no legal duty to volunteer that a death, crime, or a house's haunted reputation happened there. If you ask directly, though, they generally can't lie to you.
Montana's real estate broker licensing law, Mont. Code Ann. § 37-51-102, defines 'material fact' and then carves out an exception: the definition 'does not include the fact that an occupant of the property has or has had a communicable disease or that the property was the site of a suicide or felony.' Practically, this means Montana brokers and sellers are not required to disclose a death, homicide, or other felony connected to a property, and by extension nothing turns on a reported haunting either — it simply isn't a 'material fact' under the statute.
Separately, Montana's general seller disclosure law (Mont. Code Ann. §§ 70-20-501 and 70-20-502) requires sellers to disclose 'adverse material facts' they actually know about — but that term is defined narrowly, limited to conditions affecting monetary value tied to physical condition, structural integrity, or a documented health risk. Nothing in that disclosure-statement law reaches psychological stigma, deaths, or paranormal reputation either.
Montana has no death-disclosure duty comparable to California's three-year window (Civil Code § 1710.2) — no statute found requires disclosure of a death on the property regardless of how recently it occurred.
The 'ask rule': secondary consumer-facing sources describe Montana as following the common pattern where a seller or agent, if asked directly about a property's history, cannot make an affirmative false statement — but no Montana-specific statute or case confirming this exact rule turned up in research, so treat it as the general no-fraud/no-misrepresentation baseline rather than a codified stigma-disclosure rule. No notable Montana court case comparable to New York's Stambovsky v. Ackley 'legally haunted house' ruling was found.
General information, not legal advice. Laws change and turn on details — for a real decision, talk to a licensed professional in Montana.
No entries filed from Montana yet. If something happened at an address you know, write it down — you may be the reason the next resident feels less alone at 3 AM.