agency

Statutory Broker (Montana)

A Montana licensee who assists one or more parties without being an agent or representative of any party; Montana's version of a facilitator or transaction broker. Under MCA 37-51-313, a licensee is presumed to be a statutory broker unless there is a listing agreement, buyer broker agreement or other disclosed relationship. A statutory broker still discloses known adverse material facts and uses reasonable care. The statutory duties supersede common-law agency duties.

Exam tip: If a question says 'no written agreement', think statutory broker. Acting as a buyer or seller agent without a written agreement is unprofessional conduct.
Example: A couple asks a salesperson to show three houses and signs nothing; she is presumed a statutory broker and is not their advocate.

Related terms & state variants

In-House Designate (Montana) (MT)Initial and Subsequent Relationship Disclosure (Montana) (MT)transaction broker

Sources

Source verification pending. Confirm current requirements with your state regulator.

Last verified: 2026-10-23