Missoula Real Estate By Kevin & Monica Ray

Attn: Montana Builders and New Home Buyers
Are You Ready to Comply with House Bill 451 on October 1, 2009?

I attended a course for Supervising Real Estate Brokers yesterday with one of the state's top real estate attorneys, Zane Sullivan. We work a lot with local builders and new home construction so I was especially interested in the information he provided on HB 451 that goes into effect on October 1, 2009.

The law was designed to require builders to provide certain disclosures on new homes, and also a written warranty.

Builders are now required to provide the following in writing:

1.) General Liability Policy: a disclosure that the general contractor has a current general liability policy;

2.) Workers Compensation: a disclosure that the general contractor has a workers' compensation policy or is an independent contractor without employees;

3.) Billing Cycle: a provision setting out the billing cycle establishing the payment schedule to be followed by the owner;

4.) Change Orders: a provision establishing procedures for handling change orders by the owner;

5.) Inspections: a statement of all inspections and tests that the general contractor will perform or have performed prior to, during, or upon completion of construction and a statement that the owner is entitled to receive the results of any tests conducted by the general contractor or conducted at the general contractor's request;

6.) Additional Inspections: a statement that the owner is entitled at the owner's expense to have any inspections and tests conducted that the owner considers necessary; and

7.) Written Warranty:a statement that the general contractor is providing an express warranty that is valid for a period of at least 1 year from completion of the construction project.

The builder's warranty must provide:

• detailed descriptions of those components that are included or excluded from the warranty,
• the length of the warranty, and
• any specialty warranty provisions or time periods relating to certain components.
• the requirements that must be adhered to by the buyer, including the time and method for reporting warranty claims, in order for the warranty provision to become applicable.

Most reputable builders already provide the information that is required in the legistlation but this will make it mandatory for all builders in the state.

HB 451 is available in full on the State's Website.

If you are thinking about building a new home in Western Montana, contact Kevin and Monica Ray of Access Realty for information on available lots or land/home packages that are currently being offered at 406-207-1185. We provide information and assistance and can help you through the process.

$24,000 - Lot 3 Monte Circle, St. Regis, Montana 59866
Amazing Buy on Large Lot with Water & City Sewer in Place!

AMAZING price on nearly a half acre with improvements in place. Great building lot with shared artesian well, power, sewer, phone and excellent access offof I-90 and hwy 135.

Priced to sell well under comparable lots. Modulars are allowed on a permanent foundation.

For more information, or to schedule a personal showing, contact Kevin and Monica Ray of Access Realty at 406-207-1185 or visit us online at http://www.YourMT.com.

Are Your Missoula or Western Montana Property Taxes Too High?

If you're like most of us, you recently received your notice from the Department of Revenue for the property taxes on your home or land in Western Montana. The Montana constitution and state law require periodic reappraisal of property and 2009 is a reappraisal year.

And if you're like me, your mouth dropped at the value that was assigned to your property - our appraised value was significantly higher than what our property is worth. If you're assessed value is high then the taxes assessed to your property may also be high.

So what can you do?

1.) Request an Informal Review: To do this, complete a Request for Informal Review Form (Form AB-26) and send it to your local Department of Revenue office within 30 days after you receive your assessment notice. This form allows you to attach information to it - such as a summary of similar properties and recent sales prices to show the market value. We provide a Free Comparative Market Analysis for residents in Western Montana upon request.

The completion of this form requires your property's Geocode and Legal Description, if you don't have that information, you can look it up online on the Montana Cadastral.

2.) You can also File an Appeal Directly to the County Tax Appeal Board. To do this, complete a Property Tax Appeal Form (which is much longer than the Request for Internal Review Form) and send it to the Clerk and Recorder in the County in which the property is located before the latest of these dates:

• 30 days after you receive your assessment notice
• 30 days after you receive the determination of your Informal Review Or
• By the first Monday in June

The forms are available by clicking on the above links, at your County Clerk & Recorder's Office or online at www.stab.mt.gov.

If you are appealing your property's market value or classification and your taxes become due before your appeal is resolved, you will need to:

• Specify the grounds of your protest in writing, and
• Pay the taxes disputed under protest by the due date.

If you are successful in your appeal, your County Treasurer will send you a refund.

Property Tax Assistance Programs

There are also several programs available for qualifying Montana property owners. Contact your County Treasurer for more information or visit the State's website at www.stab.mt.gov.

• Disabled Veterans or Spouses of Disabled Veterans
• Low Income
• Extended Property Tax Assistance
• Elderly Homeowner/Renter Income Tax Credit

Completing the forms just take a few minutes and could save you hundreds or possibly thousands of dollars on your property taxes.

I wrote a blog post earlier this week about Kevin's fishing trip with one of our friends /clients on the Flathead River near Paradise, Montana. While he was out, he took the following photos of Bear prints along the river - apparently he wasn't the only one fishing on the Flathead River!

A Day Spent Fishing on the Flathead River

For more information on the Flathead River or Western Montana, contact Kevin and Monica Ray of Access Realty at 406-207-1185 or visit Riverfront Montana.

The Sanders County Fair and Rodeo is held during the last week of August or the first week of September every year in Plains Montana. It's small town living at its best. Plains, MT is located approximately two hours northwest of Missoula. The parade is the kick-off to the Fair which features rides and games, a rodeo, a demolition derby, vendors, and live music. It's a great event for the entire family.

Photos by Kelsey Ray.