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You can get out of a real estate contract in Montana during several stages of the buying process. First, the offer must be accepted to make it binding. If the seller rejects the offer, the buyer can make a counter-offer or leave the deal. If the seller agrees to the offer and has not signed it yet, it can be rescinded.
A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
There are four essential elements of forming a contract: offer, acceptance, consideration, and intention to create legal relations.
Commonly called a contract, a contractual agreement between two or more parties allows or restricts them from engaging in certain acts by creating mutual obligations enforceable by law. Failure to abide by these obligations may be punishable by law in the form of monetary fines, community service, or even jail time.
A written contract must be memorialized in writing, of course, and ?subscribed? by the party or parties obligated. ?Subscribed? basically means a signature or other writing showing agreement such as a reply email.
Identifiable parties who are legally capable of contracting. Consent of the parties to enter a contract. A lawful object. Sufficient consideration.
Generally speaking, a trust indenture is a lien against the property with the buyer being the legal owner. In a contract for deed, a contact is executed between a seller and a buyer whereby a seller agrees to transfer title to the property once the amount set forth in the contract has been paid in full.