Form 488 "Realty Transfer Certificate" - Montana

What Is Form 488?

This is a legal form that was released by the Montana Department of Revenue - a government authority operating within Montana. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2018;
  • The latest edition provided by the Montana Department of Revenue;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 488 by clicking the link below or browse more documents and templates provided by the Montana Department of Revenue.

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Download Form 488 "Realty Transfer Certificate" - Montana

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Form 488 (RTC) Revised 01/18
REALTY TRANSFER CERTIFICATE
Confidential Tax Document
WHO MUST FILE – Any party transferring real property regardless of whether the transfer is or is not evidenced by deed or instrument or
any party presenting an instrument or deed evidencing a transfer of real estate for recording. Real estate includes land, growing timber,
buildings, structures, fixtures, fences and improvements affixed to land.
YOU MAY OWE INCOME TAXES – Any gain on this transfer is Montana source income and should be reported to the Department of
Revenue on the appropriate income tax return.
WHEN AND WHERE TO FILE – The completed Realty Transfer Certificate must be filed with the County Clerk and Recorder when the
instrument or deed evidencing a transfer of real estate is presented for recording.
If the transfer is by operation of law, then a Realty Transfer Certificate with the required supporting documentation should be filed with the
local Department of Revenue office. See Part 4 for further information.
The Department of Revenue will change the ownership record when this form is fully completed and signed by the preparer.
PART 1 – DATE OF TRANSFER (SALE)
This should be the date on which the instrument or deed was executed (the date the instrument or deed was signed by the Seller
(Grantor) and Buyer (Grantee) unless otherwise specified in the deed or date of decedent’s death). Contracts for Deed and Notices of
Purchaser’s Interest should use the date the contract or notice was initially effective.
PART 2 – PARTIES
Seller (Grantor)/ Buyer (Grantee): Enter the names of the Seller (Grantor) and Buyer (Grantee) exactly as they appear on the transferring
document. Business organizations, corporations, trusts, etc. should enter their name(s) exactly as it appears on the transferring document.
Addresses: For the Seller (Grantor), enter the current mailing address. The Seller (Grantor) and the Buyer (Grantee) are requested to
mark Yes or No to indicate if the property subject to this transfer has been or will be the location of their principal residence. A principal
residence is a residential dwelling that was occupied, in the case of the Seller (Grantor), or will be occupied, in the case of the Buyer
(Grantee), for at least 7 months. The Buyer (Grantee) must enter the permanent mailing address. If the tax notice is to be sent to a
different mailing address, please complete the additional mailing information.
SSN or FEIN: For individuals, provide the last four digits of the social security number of all legal owners named in the transferring
document. Business organizations, corporations, trusts, etc., provide the last four digits of the federal ID number(s) of the legal entity(ies)
named in the transferring document. See 15-1-201, MCA and 42 USC 405(c)(2)(C)(i)(iv). The Department of Revenue uses personal
identification numbers to cross match Realty Transfer Certificates with income tax returns to verify taxpayer compliance on gains from real
estate sales or transfers and to identify delinquent taxpayers. Additional SSN or FEIN numbers (last four digits) may be provided on an
attachment.
Daytime Phone and Email Addrress: Enter phone numbers and email addresses for both the Seller (Grantor) and Buyer (Grantee).
PART 3 – PROPERTY DESCRIPTION
This section identifies the parcel that is being transferred by location and is the legal description found on the instrument or deed
conveying the real estate or the abstract to the real estate.
The property description may be provided on an attachment and can be identified by checking the applicable box.
PART 4 – DESCRIPTION OF TRANSFER (Please refer to When and Where to File above.)
Check the box(es) that describes the transfer for which an instrument is to be recorded with the County Clerk and Recorder.
Transfer by Operation of Law: Check the box(es) that apply to the type of transfer. A copy of the following applicable documentation
must be attached to the Realty Transfer Certificate:
• Termination of joint tenancy or life estate by death – copy of the certified death certificate.
• Court Decree – certified copy of the order or decree requiring the transfer.
• Merger, consolidation or other business reorganization – plan of reorganization filed with the Secretary of State.
• Name change only – documents filed with the Secretary of State to accomplish the name change.
PART 5 – EXCEPTION FROM PROVIDING SALES PRICE INFORMATION
If any of the exceptions listed apply to this transfer, check the appropriate box and do not complete Section 6. If you are unsure
whether this transaction should be defined as an exception or if you have any other questions concerning exception status, request a
determination from your local Department of Revenue office.
PART 6 – SALE INFORMATION (If there is no exception checked in Part 5, you must complete this section.)
Confidentiality: Sale information is confidential and for official use by the Department of Revenue only.
Enter the total purchase price paid for the sale parcel. This should include cash, mortgages, property traded, liabilities assumed, leases,
easements and personal property.
Financing: If you paid cash for the entire sale parcel, check the box for Cash. If you financed the property by receiving a loan, check the
appropriate box: Federal Housing Administration (FHA) Loan, Veterans Administration (VA) Loan or Conventional. If this was a contract for
deed or trust indenture, check the box for Contract. If there was some other type of financing used such as a Montana Board of Housing
Loan, trade of property, etc. check the box for Other. Also, indicate whether this was a new loan or an assumption of an existing loan.
Personal Property: Enter the dollar amount of any personal property included with the sale of this parcel. Personal property includes
furniture and fixtures, business and farm equipment, livestock, recreational vehicles, leases and easements, and mobile homes. Anything
that is permanently attached to the real estate should not be included. Negligible personal property included in a residential sale need not
be reported.
SID (Special Improvement District – liens levied against the property for amenities like street paving, sewers, water systems, etc.): Answer
the questions by checking the appropriate boxes, and include the amount of the SID paid or assumed.
Value of Inventory: Provide the value of any business inventory that was included in the sales price.
Value of Licenses: Provide the value of any licenses included in the sales price, i.e., liquor licenses, gambling licenses, etc.
Value of Good Will: Provide the value of Good Will included in the sale price. (Good Will is defined as “the economic advantage over
competitors that a business has acquired by virtue of habitual patronage of customers.”)
PART 7 – WATER RIGHTS DISCLOSURE – This disclosure must be completed and signed by the Seller (Grantor) or the Seller’s legally
appointed agent if box B, C or D is checked. Seller’s (Grantor) signature is not required if box A is checked. If Box D has been checked,
the Certification of Water Right Ownership Update, Form 640 (page 5), must also be signed by the Seller (Grantor), the Buyer (Grantee),
and the escrow agent (if applicable) for the deed or instrument to be recorded by the County Clerk and Recorder. Refer to page 2 for
further information about the disclosure.
PART 8 – PREPARER INFORMATION – All Realty Transfer Certificates must be signed and dated by the preparer. By his/her signature,
the preparer indicates the information provided is true and correct to the best of his/her knowledge, that the Seller (Grantor) and the Buyer
(Grantee) have examined the completed Realty Transfer Certificate and agree the information contained within is correct and accurate.
Page 1
Form 488 (RTC) Revised 01/18
REALTY TRANSFER CERTIFICATE
Confidential Tax Document
WHO MUST FILE – Any party transferring real property regardless of whether the transfer is or is not evidenced by deed or instrument or
any party presenting an instrument or deed evidencing a transfer of real estate for recording. Real estate includes land, growing timber,
buildings, structures, fixtures, fences and improvements affixed to land.
YOU MAY OWE INCOME TAXES – Any gain on this transfer is Montana source income and should be reported to the Department of
Revenue on the appropriate income tax return.
WHEN AND WHERE TO FILE – The completed Realty Transfer Certificate must be filed with the County Clerk and Recorder when the
instrument or deed evidencing a transfer of real estate is presented for recording.
If the transfer is by operation of law, then a Realty Transfer Certificate with the required supporting documentation should be filed with the
local Department of Revenue office. See Part 4 for further information.
The Department of Revenue will change the ownership record when this form is fully completed and signed by the preparer.
PART 1 – DATE OF TRANSFER (SALE)
This should be the date on which the instrument or deed was executed (the date the instrument or deed was signed by the Seller
(Grantor) and Buyer (Grantee) unless otherwise specified in the deed or date of decedent’s death). Contracts for Deed and Notices of
Purchaser’s Interest should use the date the contract or notice was initially effective.
PART 2 – PARTIES
Seller (Grantor)/ Buyer (Grantee): Enter the names of the Seller (Grantor) and Buyer (Grantee) exactly as they appear on the transferring
document. Business organizations, corporations, trusts, etc. should enter their name(s) exactly as it appears on the transferring document.
Addresses: For the Seller (Grantor), enter the current mailing address. The Seller (Grantor) and the Buyer (Grantee) are requested to
mark Yes or No to indicate if the property subject to this transfer has been or will be the location of their principal residence. A principal
residence is a residential dwelling that was occupied, in the case of the Seller (Grantor), or will be occupied, in the case of the Buyer
(Grantee), for at least 7 months. The Buyer (Grantee) must enter the permanent mailing address. If the tax notice is to be sent to a
different mailing address, please complete the additional mailing information.
SSN or FEIN: For individuals, provide the last four digits of the social security number of all legal owners named in the transferring
document. Business organizations, corporations, trusts, etc., provide the last four digits of the federal ID number(s) of the legal entity(ies)
named in the transferring document. See 15-1-201, MCA and 42 USC 405(c)(2)(C)(i)(iv). The Department of Revenue uses personal
identification numbers to cross match Realty Transfer Certificates with income tax returns to verify taxpayer compliance on gains from real
estate sales or transfers and to identify delinquent taxpayers. Additional SSN or FEIN numbers (last four digits) may be provided on an
attachment.
Daytime Phone and Email Addrress: Enter phone numbers and email addresses for both the Seller (Grantor) and Buyer (Grantee).
PART 3 – PROPERTY DESCRIPTION
This section identifies the parcel that is being transferred by location and is the legal description found on the instrument or deed
conveying the real estate or the abstract to the real estate.
The property description may be provided on an attachment and can be identified by checking the applicable box.
PART 4 – DESCRIPTION OF TRANSFER (Please refer to When and Where to File above.)
Check the box(es) that describes the transfer for which an instrument is to be recorded with the County Clerk and Recorder.
Transfer by Operation of Law: Check the box(es) that apply to the type of transfer. A copy of the following applicable documentation
must be attached to the Realty Transfer Certificate:
• Termination of joint tenancy or life estate by death – copy of the certified death certificate.
• Court Decree – certified copy of the order or decree requiring the transfer.
• Merger, consolidation or other business reorganization – plan of reorganization filed with the Secretary of State.
• Name change only – documents filed with the Secretary of State to accomplish the name change.
PART 5 – EXCEPTION FROM PROVIDING SALES PRICE INFORMATION
If any of the exceptions listed apply to this transfer, check the appropriate box and do not complete Section 6. If you are unsure
whether this transaction should be defined as an exception or if you have any other questions concerning exception status, request a
determination from your local Department of Revenue office.
PART 6 – SALE INFORMATION (If there is no exception checked in Part 5, you must complete this section.)
Confidentiality: Sale information is confidential and for official use by the Department of Revenue only.
Enter the total purchase price paid for the sale parcel. This should include cash, mortgages, property traded, liabilities assumed, leases,
easements and personal property.
Financing: If you paid cash for the entire sale parcel, check the box for Cash. If you financed the property by receiving a loan, check the
appropriate box: Federal Housing Administration (FHA) Loan, Veterans Administration (VA) Loan or Conventional. If this was a contract for
deed or trust indenture, check the box for Contract. If there was some other type of financing used such as a Montana Board of Housing
Loan, trade of property, etc. check the box for Other. Also, indicate whether this was a new loan or an assumption of an existing loan.
Personal Property: Enter the dollar amount of any personal property included with the sale of this parcel. Personal property includes
furniture and fixtures, business and farm equipment, livestock, recreational vehicles, leases and easements, and mobile homes. Anything
that is permanently attached to the real estate should not be included. Negligible personal property included in a residential sale need not
be reported.
SID (Special Improvement District – liens levied against the property for amenities like street paving, sewers, water systems, etc.): Answer
the questions by checking the appropriate boxes, and include the amount of the SID paid or assumed.
Value of Inventory: Provide the value of any business inventory that was included in the sales price.
Value of Licenses: Provide the value of any licenses included in the sales price, i.e., liquor licenses, gambling licenses, etc.
Value of Good Will: Provide the value of Good Will included in the sale price. (Good Will is defined as “the economic advantage over
competitors that a business has acquired by virtue of habitual patronage of customers.”)
PART 7 – WATER RIGHTS DISCLOSURE – This disclosure must be completed and signed by the Seller (Grantor) or the Seller’s legally
appointed agent if box B, C or D is checked. Seller’s (Grantor) signature is not required if box A is checked. If Box D has been checked,
the Certification of Water Right Ownership Update, Form 640 (page 5), must also be signed by the Seller (Grantor), the Buyer (Grantee),
and the escrow agent (if applicable) for the deed or instrument to be recorded by the County Clerk and Recorder. Refer to page 2 for
further information about the disclosure.
PART 8 – PREPARER INFORMATION – All Realty Transfer Certificates must be signed and dated by the preparer. By his/her signature,
the preparer indicates the information provided is true and correct to the best of his/her knowledge, that the Seller (Grantor) and the Buyer
(Grantee) have examined the completed Realty Transfer Certificate and agree the information contained within is correct and accurate.
Page 1
WATER RIGHT DISCLOSURE INFORMATION
The Water Right Disclosure is required by Montana Law. The Legislature requires both the buyer
and seller of property to know what the water right situation is—whether any water rights exist and
whether they are being transferred with or withheld from the property.
A water right is a legally protected right to beneficially use water in priority that was obtained in
accordance with Montana law. Buyers should investigate whether water being used on a property
is allowed as a valid water right, or is merely an unauthorized and unprotectable use of water.
In Montana, all irrigation water rights must have a valid Department of Natural Resources and
Conservation (DNRC) water right number to be of record. However, existing water rights for livestock
and individual domestic use, as opposed to municipal use, based on an instream flow or groundwater
source before July 1, 1973, do not need a DNRC water right number. If a water right does not have a
DNRC number, and does not fall within the above narrow exception, there is no water right.
Once the water rights belonging to a property have been identified, the investigation of water rights
should not stop there. Although a water right may have a valid DNRC water right number, it may still
be subject to final adjudication in Montana’s general stream adjudication. The Montana Water Court is
currently adjudicating all Statements of Claim for pre-July 1, 1973 water rights. A water right’s validity
is dependent on the results of its adjudication, and how its priority compares to other water rights
on a source of supply. The buyer and seller of a property may need to consult an attorney or water
rights consultant for an opinion of the status of the property’s water right. The Montana Water Court
can answer questions about the current status of Statements of Claim being adjudicated by calling
1-800-624-3270 (in state) or 406-586-4364.
Important: If there are water rights that have been historically used on the property being transferred,
but are not going to be transferred in the sale of land, the deed must specifically exempt (reserve)
those water rights from the land sale. If the deed is silent, the water rights automatically pass with the
land by operation of law.
The following descriptions may be helpful to determine the appropriate box to mark in Part 7, Water
Rights Disclosure. If further assistance is needed, the buyer and seller of a property may want to seek
legal advice.
CHECK ONLY ONE BOX (on Part 7, Water Rights Disclosure on page 3)
To correctly complete the water right disclosure, the seller (grantor) needs to know if there are water
rights belonging to the subject property on record with the DNRC.
A. Property is served by a public water supply, i.e., city or water district provides water.
Check this box if the water you use on the land described in this document is provided by a city,
town, water users association or other entity. Seller’s (grantor) signature is not required in Part 7
if box A is checked. The seller does not need to file a Water Right Ownership Update form.
B. Seller has no water rights on record with DNRC to transfer. Check this box if there are no
water rights appurtenant to the subject property on record with the DNRC. The seller does not
need to file a Water Right Ownership Update form.
If only filing a Beneficiary Deed, water rights do not transfer at this time. Check this box.
C. Seller is transferring ALL water rights on record with DNRC to the Buyer. If all of the water
rights belonging to the subject property on record with the DNRC will be transferred to the buyer,
check this box. All of the water rights associated with the land described in Part 3 will have the
owner name updated once the fee is submitted. Submit the proper fee and DNRC Water Right
Ownership Update, Form 608 (pages 6-7), to your local water resources office.
D. Seller is dividing or exempting (reserving) water rights. If the seller (grantor) has divided the
property and water rights or has exempted (reserved) the water rights (not transferred with the
land sale), check this box and complete the Certification of Water Right Ownership Update, form
640 (page 5). The seller (grantor) must submit a DNRC Ownership Update Exempt (Reserve)
Severed Water Right, Form 642 and filing fee identifying which water right has been kept by the
seller. If a water right has been divided, the seller must file a DNRC Ownership Update Divided
Interest, Form 641 and filing fee explaining how and with whom the water right was divided.
Contact the DNRC for information if water is used on the property other than described above.
Page 2
Clear Form
GEOCODE(S) _________________________________________________
_________________________________________________
REALTY TRANSFER CERTIFICATE
_________________________________________________
Confidential Tax Document:
The information contained
ASSESSMENT CODE: ___________________________________________
in this certificate is confidential by Montana law. Unauthorized
disclosure of this information is a criminal offense.
The Department of Revenue will change the name on ownership records
used for the assessment and taxation of real property when this form is fully
completed and signed by the preparer. (Please read the attached instructions
on page 1 for assistance in completing and filing this form.)
Montana law requires this form be completed and may impose up to
PART 1 – DATE OF TRANSFER (SALE)
a $500 penalty for failure to file a Realty Transfer Certificate (15-7-304,
15-7-305 and 15-7-310, MCA)
____________________________(MM/DD/YYYY)
PART 2 – PARTIES
Please complete this section in full; if additional space is required, please attach a separate page
Enter the last 4 digits of the SSN or FEIN
Seller (Grantor)
XXX
XX
SSN ________ - ______ - ____________
Name
________________________________________________________
XXX
XX
SSN ________ - ______ - ____________
Mailing Address ________________________________________________________
XX
XXX
FEIN _______- ______________________
(Permanent)
________________________________________________________
Daytime Phone ______________________
City _______________________________ ST _____ Zip __________
Email Address _______________________
Seller Principal Residence
__Yes
__No
Buyer (Grantee)
XXX
XX
SSN ________ - ______ - ____________
Name
________________________________________________________
XXX
XX
SSN ________ - ______ - ____________
Mailing Address ________________________________________________________
XX
XXX
FEIN _______- ______________________
(Permanent)
________________________________________________________
Daytime Phone ______________________
City _______________________________ ST _____ Zip __________
Email Address _______________________
Buyer Principal Residence
__Yes
__No
Transfer to Trustee, Custodian, or other
Mailing Address ________________________________________________________
Representative:
For Tax Notice
________________________________________________________
XX
XXX
Trust FEIN ______ - __________________
(If different)
City _______________________________ ST _____ Zip __________
XXX
XXX
Minor SSN ________ - _____ - __________
PART 3 – PROPERTY DESCRIPTION
Please complete fully; if additional space is required, please attach a separate page.
q
Legal Description _______________________________________________________________________________
Attachment
_______________________________________________________________________________
Add/Sub _________________________________________________ Block __________________ Lot _____________________
County __________________________________ City/Town __________________________ Section _______ Township _______ Range ________
PART 4 – DESCRIPTION OF TRANSFER
Please complete fully, more than one may apply.
q
q
q
q
q
Sale
Gift
Barter
Nominal or no consideration
Part of 1031 or 1033 exchange
q
Transfer is subject to a reserved life estate
q
Beneficiary deed
Distressed sales:
q
q
q
q
q
Sheriff’s deed
Trustee’s deed
Deed in lieu of foreclosure
Short sale
Other
Transfer by Operation of Law
q
q
q
q
Termination of joint tenancy by
Termination of life estate by
Court order or decree
Merger, consolidation, or other
death
death
(except sheriff’s sale)
business entity reorganization
PART 5 – EXCEPTIONS FROM PROVIDING SALES PRICE INFORMATION
Please complete fully, more than one may apply.
q
q
Transfer between husband/wife or parent/child for nominal consideration
Transfer in contemplation of death without consideration
q
q
Termination of joint tenancy by death
Transfer of property of the estate of a decedent
q
q
Transfer to a revocable living trust
Transfer pursuant to court decree (except sheriff’s sale)
q
q
Gift
Termination of life estate by death
q
q
Correction, modification, or supplement of previously recorded
Transfer by government agency
instrument, no additional consideration
q
Tax deed
q
Merger, consolidation or reorganization of business entity
q
Land currently classified as forestland and for continued use for
q
Land currently classified as agricultural land and for continued use for
producing timber (15-7-307, MCA)
agricultural purposes (15-7-307, MCA)
PART 6 – SALE PRICE INFORMATION
Please complete fully, more than one may apply.
Actual Sale Price $ ________________________
Value of good will included in sale $ ________________
Financing:
__Cash
__FHA
__VA
__Contract
__Other
Was an SID payoff included in the sale price? ____Yes
____No
Terms:
__New loan
OR
__Assumption of existing loan
Did the buyer assume an SID? ____ Yes
____ No
Value of personal property included in sale $ _____________
Amount of SID paid or assumed: $ _______________
Value of inventory included in sale $ ________________
Was a mobile home included in the sale? ____ Yes
____ No
Value of licenses included in sale $ ________________
PART 7 – WATER RIGHT DISCLOSURE
Disclosure is only applicable to the property identified in PART 3 above.
q
q
q
q
A. Property is served by a public water
B. Seller has no water
C. Seller is transferring ALL
D. Seller is dividing or exempting
supply, i.e., city, irrigation district, or
rights on record with
water rights on record
(reserving) water rights. Seller
water district provides water.
DNRC to transfer.
with DNRC to the Buyer.
must file Water Right Update form.
X
Seller (Grantor) Signature _______________________________________________ Date _______________________________
PART 8 – PREPARER INFORMATION
Preparer’s signature is required.
X
Signature ____________________________________________ Mailing Address
__________________________________________
Name/Title _____________________________________________________ City _____________________State ___________Zip _____________
(please print)
Daytime Phone ___________________________________________
Clerk and Recorder Use Only
Recording Information:
Document No. ________________
Book _______________ Page____________________Date ___________________
Page 3
Department of Revenue Copy
GEOCODE(S) _________________________________________________
_________________________________________________
REALTY TRANSFER CERTIFICATE
_________________________________________________
Confidential Tax Document:
The information contained
ASSESSMENT CODE: ___________________________________________
in this certificate is confidential by Montana law. Unauthorized
disclosure of this information is a criminal offense.
The Department of Revenue will change the name on ownership records
used for the assessment and taxation of real property when this form is fully
completed and signed by the preparer. (Please read the attached instructions
on page 1 for assistance in completing and filing this form.)
Montana law requires this form be completed and may impose up to
PART 1 – DATE OF TRANSFER (SALE)
a $500 penalty for failure to file a Realty Transfer Certificate (15-7-304,
15-7-305 and 15-7-310, MCA)
____________________________(MM/DD/YYYY)
PART 2 – PARTIES
Please complete this section in full; if additional space is required, please attach a separate page
Seller (Grantor)
Name
________________________________________________________
Mailing Address ________________________________________________________
(Permanent)
________________________________________________________
City _______________________________ ST _____ Zip __________
Seller Principal Residence
__Yes
__No
Buyer (Grantee)
Name
________________________________________________________
Mailing Address ________________________________________________________
(Permanent)
________________________________________________________
City _______________________________ ST _____ Zip __________
Buyer Principal Residence
__Yes
__No
Mailing Address ________________________________________________________
For Tax Notice
________________________________________________________
(If different)
City _______________________________ ST _____ Zip __________
PART 3 – PROPERTY DESCRIPTION
Please complete fully; if additional space is required, please attach a separate page.
q
Legal Description _______________________________________________________________________________
Attachment
_______________________________________________________________________________
Add/Sub _________________________________________________ Block __________________ Lot _____________________
County __________________________________ City/Town __________________________ Section _______ Township _______ Range ________
PART 4 – DESCRIPTION OF TRANSFER
Please complete fully, more than one may apply.
q
q
q
q
q
Sale
Gift
Barter
Nominal or no consideration
Part of 1031 or 1033 exchange
q
Transfer is subject to a reserved life estate
q
Beneficiary deed
Distressed sales:
q
q
q
q
q
Sheriff’s deed
Trustee’s deed
Deed in lieu of foreclosure
Short sale
Other
Transfer by Operation of Law
q
q
q
q
Termination of joint tenancy by
Termination of life estate by
Court order or decree
Merger, consolidation, or other
death
death
(except sheriff’s sale)
business entity reorganization
PART 5 – EXCEPTIONS FROM PROVIDING SALES PRICE INFORMATION
Please complete fully, more than one may apply.
q
q
Transfer between husband/wife or parent/child for nominal consideration
Transfer in contemplation of death without consideration
q
q
Termination of joint tenancy by death
Transfer of property of the estate of a decedent
q
q
Transfer to a revocable living trust
Transfer pursuant to court decree (except sheriff’s sale)
q
q
Gift
Termination of life estate by death
q
q
Correction, modification, or supplement of previously recorded
Transfer by government agency
instrument, no additional consideration
q
Tax deed
q
Merger, consolidation or reorganization of business entity
q
Land currently classified as forestland and for continued use for
q
Land currently classified as agricultural land and for continued use for
producing timber (15-7-307, MCA)
agricultural purposes (15-7-307, MCA)
PART 6 – SALE PRICE INFORMATION
Please complete fully, more than one may apply.
Actual Sale Price $ ________________________
Value of good will included in sale $ ________________
Financing:
__Cash
__FHA
__VA
__Contract
__Other
Was an SID payoff included in the sale price? ____Yes
____No
Terms:
__New loan
OR
__Assumption of existing loan
Did the buyer assume an SID? ____ Yes
____ No
Value of personal property included in sale $ _____________
Amount of SID paid or assumed: $ _______________
Value of inventory included in sale $ ________________
Was a mobile home included in the sale? ____ Yes
____ No
Value of licenses included in sale $ ________________
PART 7 – WATER RIGHT DISCLOSURE
Disclosure is only applicable to the property identified in PART 3 above.
q
q
q
q
A. Property is served by a public water
B. Seller has no water
C. Seller is transferring ALL
D. Seller is dividing or exempting
supply, i.e., city, irrigation district, or
rights on record with
water rights on record
(reserving) water rights. Seller
water district provides water.
DNRC to transfer.
with DNRC to the Buyer.
must file Water Right Update form.
X
Seller (Grantor) Signature _______________________________________________ Date _______________________________
PART 8 – PREPARER INFORMATION
Preparer’s signature is required.
X
Signature ____________________________________________ Mailing Address
__________________________________________
Name/Title _____________________________________________________ City _____________________State ___________Zip _____________
(please print)
Daytime Phone ___________________________________________
Clerk and Recorder Use Only
Recording Information:
Document No. ________________
Book _______________ Page____________________Date ___________________
Page 4
Buyer/Seller Copy
Form 640 Revised 04/2012
Montana Department of Natural Resources and Conservation
1424 9th Avenue, PO Box 201601
Helena, MT 59620-1601
Phone: 444-6601, FAX: 444-0533
Certification of Water Right Ownership Update
T
he Realty Transfer Certificate submitted with the deed or other instrument indicates a water right is being divided or
exempted (reserved) from the property. The Clerk and Recorder may not record the deed or instrument unless this
certification is completed and signed by the buyer, seller and escrow agent (if applicable). See 85-2-424(6), MCA.
q
The required DNRC Ownership Update Divided Interest, Form 641 or DNRC Ownership Update Exempt (Reserved) /
Severed Water Right, Form 642 and the required fee are held in escrow.
I certify under penalty of false swearing that the statement appearing here is to the best of my knowledge true and
correct.
Seller Signature _________________________________________________ Date _________________________
Buyer Signature _________________________________________________ Date _________________________
Escrow Agent Signature ___________________________________________ Date _________________________
q
There is no escrow. The required DNRC Ownership Update Divided Interest, Form 641, or DNRC Ownership Update
Exempt (Reserved) / Severed, Form 642, has been prepared and will be sent with the required fee to the Department
of Natural Resources and Conservation within five business days of recording. The transferee (buyer) acknowledges
that failure to file the appropriate form and fee may result in the department imposing up to a $75 penalty against the
buyer. See 85-2-431 and 85-2-424(6)(b), MCA.
I certify under penalty of false swearing that the statement appearing here is to the best of my knowledge true and
correct.
Seller Signature _________________________________________________ Date _________________________
Buyer Signature _________________________________________________ Date _________________________
If you have questions, contact your local water resources regional office.
BILLINGS
HELENA
406-444-6999
406-247-4415
Beaverhead, Broadwater, Deer Lodge, Jefferson, Lewis
Big Horn, Carbon, Carter, Custer, Fallon, Powder River,
and Clark, Powell and Silver Bow Counties
Prairie, Rosebud, Stillwater, Sweet Grass, Treasure and
Yellowstone Counties
KALISPELL
BOZEMAN
406-752-2288
406-586-3136
Flathead, Lake, Lincoln and Sanders Counties
Gallatin, Madison and Park Counties
LEWISTOWN
GLASGOW
406-538-7459
406-228-2561
Cascade, Fergus, Golden Valley, Judith Basin, Meagher,
Musselshell, Petroleum and Wheatland Counties
Daniels, Dawson, Garfield, McCone, Phillips, Richland,
Roosevelt, Sheridan, Valley and Wibaux Counties
MISSOULA
HAVRE
406-721-4284
406-265-5516
Granite, Mineral, Missoula and Ravalli Counties
Blaine, Chouteau, Glacier, Hill, Liberty, Pondera, Teton and
Toole Counties
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