Sec. 40-7. Same-Endorsement on original.

   A release of a deed of trust may be endorsed on the original deed of trust by the trustee, and upon such deed of trust with the release thereon endorsed being filed in the office of the clerk of the circuit court for the county, the clerk shall record such release at the foot of the deed of trust. (Mont. Co. Code 1965, § 8-4; 1927, ch. 493, § 186.)

Sec. 40-8. Same-Retention of deed of trust by clerk of court.

   When the deed of trust with the release thereon is filed for the purpose of recording the release, the clerk shall retain such deed of trust in his office and not permit the same to be again withdrawn; provided, however, that if the release is partial in its character after the recording of same, the clerk may permit the deed of trust to be withdrawn. (Mont. Co. Code 1965, § 8-5; 1927, ch. 493, § 187.)

Sec. 40-9. Validity of release in prescribed modes.

   Each release of a deed of trust executed in either of the above modes shall be construed and deemed sufficient to release the deed of trust as fully and effectually as any instrument of writing whatever could do. (Mont. Co. Code 1965, § 8-6; 1927, ch. 493, § 188.)

Article III. Sale of Real Property. 1

 

Notes

1	*Cross reference—Real property transfer tax, § 52-19 et seq.

Sec. 40-10. Duty to allow buyers to review master plans.

   (a)   Before signing a contract for the sale of real property, the seller must give the prospective buyer an opportunity to examine the applicable county master plan and any municipal land use plan for the area in which the property is located, and any adopted amendment to either plan, and approved official maps showing planned land uses, roads and highways, parks and other public facilities affecting the property contained in the plan.

   (b)   The initial seller of any improved residential real property must have available in a model home or sales office the plan and amendments listed in subsection (a). If a model home or sales office is not located on or near the property, the initial seller must have the plan and amendments available at the property.

   (c)   Each contract for the sale of real property must contain a clearly identified provision that notifies a prospective buyer of the buyer's right to review the applicable master plan and municipal land use plan and any adopted amendment.

   (d)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type within a clearly demarcated box, that:

      (1)   The seller has offered the buyer the opportunity to review the applicable master plan and municipal land use plan and any adopted amendment;

      (2)   The seller has informed the buyer that amendments affecting the plan may be pending before the planning board or the county council or a municipal planning body;

      (3)   (A)   The buyer has reviewed each plan and adopted amendment; or

         (B)   The buyer has waived the right to review each plan and adopted amendment; and

      (4)   The buyer understands that, to stay informed of future changes in county and municipal land use plans, the buyer should consult the planning board and the appropriate municipal planning body. (1974 L.M.C., ch. 43, § 1; 1989 L.M.C., ch. 24, § 1.)

Sec. 40-10A. Disclosure of availability of water and sewer service.

   (a)   Before the buyer signs a contract for the sale of any real property, the seller must disclose to each prospective buyer, to the extent the seller knows:

      (1)   whether the property is connected to, or has been approved for connection to, a public water and sewer system;

      (2)   if the property is not connected to a public water and sewer system:

         (A)   the source, if any, of potable water for the property; and

         (B)   whether an individual sewage disposal system has been constructed on the property or approved or disapproved for construction; and

      (3)   (A)   the water and sewer service area category or categories that currently apply to the property, and a brief explanation of how each category affects the availability of water and sewer service;

         (B)   any recommendations in the applicable master plan regarding water and sewer service to the property; and

         (C)   the status of any pending water and sewer comprehensive plan amendments or service area category changes that would apply to the property.

   (b)   A prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type in a clearly demarcated box, that:

      (1)   The seller has provided the information required by subsection (a), or the seller has informed the buyer that the seller does not know the information required by subsection (a); and

      (2)   The buyer understands that, to stay informed of future changes in County and municipal water and sewer plans, the buyer should consult the County Planning Board, the Washington Suburban Sanitary Commission, the County Department of Environmental Protection, or any appropriate municipal planning or water and sewer body.

   (c)   In complying with the disclosure requirements of this Section, the seller or the seller’s agent may rely on information obtained from the County Planning Board, the Washington Suburban Sanitary Commission, the Department of Permitting Services, or the Department of Environmental Protection without further confirmation or verification, and the seller’s agent may rely on information obtained from the seller without further confirmation or verification.

   (d)   When a buyer of real property which is located in a subdivision o which an individual sewage disposal system has been or will be installed receives the copy of the record plat under Section 40-2, the buyer must confirm in writing that the buyer has reviewed the plat, including any restrictions on the location of initial and reserve wells, individual sewage disposal systems, and the buildings to be served by any individual sewage disposal system. (1979 L.M.C., ch. 47, §1; 1997 L.M.C., ch. 15; §1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2.)

Sec. 40-10B. Disclosure of covered building benchmarking and performance standards information.

   (a)   Before a buyer signs a contract for the sale of a covered building as defined in Section 18A-38A, the seller must:

      (1)   disclose to the prospective buyer that the building is subject to building energy performance standards in Chapter 18A, Article 6;

      (2)   transfer the following records to the prospective buyer:

         (A)   the benchmarking property record from the benchmarking tool;

         (B)   documentation of data verification; and

         (C)   any other related records relevant to maintain compliance with Chapter 18A, Article 6; and

      (3)   provide to the prospective buyer the following information:

         (A)   performance baseline;

         (B)   interim and final performance standards; and

         (C)   building performance improvement plan.

   (b)   The prospective buyer must indicate, by signing an addendum to the contract or a separate section of the contract printed in boldface type, that the seller has made the disclosures and provided the information required by subsection (a). (2022 L.M.C., ch. 13, §1.)