Montana Door-to-Door Home Improvement Contract

Montana Door-to-Door Home Improvement Contract

Before signing: Use this agreement only for a home-improvement sale personally solicited by Contractor or its agent, signed at Buyer's Montana residence for a total price greater than $25, when Montana personal-solicitation law and the federal Cooling-Off Rule both apply. Check the exceptions in each rule before use. Give Buyer a completed copy of this signed contract and two completed, easily detachable cancellation notices at signing. Use the language principally used in the oral presentation. Print the statement beside Buyer's signature and both notices in bold type of at least 10 points. Contractor must also explain the cancellation right orally at signing.

Contract and transaction date: [__/__/____]

Buyer legal name: [________________________________]

Buyer residence and work site: [STREET ADDRESS, CITY, MONTANA ZIP]

Contractor legal business name: [________________________________]

Contractor business and cancellation address: [STREET ADDRESS, CITY, STATE ZIP]

Contractor telephone and email: [NUMBER; ADDRESS]

Individual seller/agent and identification shown at initial in-person contact: [NAME; BUSINESS; DATE / TIME]

Prior relationship or buyer-initiated contact: ☐ None; this sale follows a qualifying personal solicitation. Federal coverage and exclusions checked: ☐ Covered sale at Buyer's residence.

1. Work and materials

Contractor will provide the labor, materials, equipment, and services in Exhibit A at the residence above. The exhibit states each task, work area, material specification, quantity, and exclusion. Contractor will perform the agreed work in a workmanlike manner and obtain the permits assigned to it below.

Permits and inspections: Contractor obtains [LIST] at its expense of $[AMOUNT]; Buyer obtains [LIST / NONE] at Buyer's expense of $[AMOUNT / 0]. Trade license or registration, if applicable: [NAME; NUMBER; AUTHORITY / NONE].

Changes to work, price, materials, or completion date require a written change order signed by both parties before changed work starts.

2. Schedule and access

Start date: [__/__/____]. Estimated completion date: [__/__/____]. Work hours: [HOURS AND DAYS]. Buyer will provide reasonable access and make selections listed in Exhibit A by their stated dates. Contractor will give prompt written notice of a material delay and a proposed new date; a change to the agreed date requires a signed change order.

3. Price and payment

Total contract price, including labor, materials, tax, and charges: $[AMOUNT]. Estimate charge, if any: $[AMOUNT / 0], [INCLUDED IN PRICE / SEPARATE]. No other charge is due without a signed change order.

Total of scheduled payments: $[AMOUNT], equal to the total contract price. Contractor will give an itemized invoice at each payment event. Buyer may identify a disputed amount in writing and pay the undisputed balance.

4. Completion, warranty, and ordinary termination

At completion, the parties will inspect the work and list any unfinished or defective item with an agreed correction date. Additional workmanship warranty, if offered: [TERM AND REMEDY / NONE BEYOND APPLICABLE LAW]. Product warranties apply only according to their own terms.

For an ordinary material breach, the nonbreaching party may give written notice describing the breach and allow [NUMBER] days to cure if possible. If uncured, that party may end the remaining work by written notice and seek lawful relief. The parties will account for conforming work, authorized materials, payments, and lawful offsets. This ordinary termination clause does not limit a statutory cancellation right.

Ordinary notice addresses: Buyer at [ADDRESS]; Contractor at the business address above. Montana law governs. A court with jurisdiction in [COUNTY] County, Montana may hear a dispute, subject to applicable consumer protections. This contract has no arbitration, jury waiver, or fee-shifting clause.

4A. Residential construction defect notice, when applicable

If the work includes construction or remodeling of a single-family house or an individually owned condominium or cooperative unit, the buyer receives this written notice of Mont. Code Ann. §§ 70-19-426–428. For other work, this section does not create a construction-defect procedure. Section 70-19-427 cannot be enforced unless the homeowner has received written notice of the requirements of all three sections.

Section 70-19-426 defines a construction defect as a qualifying deficiency in materials, code compliance, specifications, or trade standards arising from residential construction or remodeling. Its covered action concerns property damage or loss of use; it excludes a tort action for personal injury or wrongful death. Service of the claim is by personal delivery or certified mail to the addressee's last known address.

Under § 70-19-427, before suing a construction professional for a covered defect, the claimant must serve a written notice describing the defect claim in reasonable detail. The professional has 21 days after service to respond in writing with an inspection proposal, a monetary settlement offer, or a statement disputing the claim. If inspection is accepted, the professional must respond within 14 days after it is completed with a repair offer, payment offer, combined offer, or reasons for declining repair. The claimant may proceed after a dispute, no timely response, or the required written rejection; an accepted repair offer requires written acceptance within 30 days and reasonable access. If the claimant does not accept or reject a proposal or offer within 30 days, the professional may terminate it by written notice. Later-discovered defects require a separate claim unless the parties agree otherwise. A timely claim notice can toll the limitations period, and asserting the claim bars a concurrent action under § 30-14-133.

Section 70-19-428 limits recoverable damages in a covered suit to qualifying repair and evaluation costs, necessary temporary housing expenses, reduction in market value caused by the defect, and reasonable costs and attorney fees. These provisions do not supersede an agreed alternative-dispute-resolution procedure.

Buyer acknowledgment of receiving this written notice, if applicable: [INITIALS] Date: [__/__/____]

5. Statutory cancellation and signatures

Buyer or another person obligated for the price may cancel a covered Montana personal-solicitation sale through midnight of the third business day after signing by giving written notice to Contractor; a properly addressed, postage-prepaid mailed notice is given on deposit. The Montana period does not start until Contractor furnishes the required notice with its address. Montana law requires Contractor to tender payments and debt instruments within 10 days after cancellation. The federal form below separately states its own ten-business-day rule. A cancellation notice need only express the intention not to be bound; certified mail is not required for a timely mailed notice.

Montana cancellation deadline: [DAY, MONTH, DATE, YEAR] at midnight. Federal cancellation deadline on both forms: [DAY, MONTH, DATE, YEAR] at midnight. Calculate each under its governing rule and complete both forms before signing.

Federal statement immediately beside Buyer's signature:

You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.

Buyer signature: ____________________ Date and time: [__/__/____, __:__]

Contractor or authorized representative signature: ____________________ Date: [__/__/____]

Printed name and title: [NAME; TITLE]

Delivery record: Buyer received a completed signed contract, Exhibit A, and both completed detachable notices at signing; Contractor orally explained the right to cancel. Buyer initials: [____]. Contractor initials: [____].

Exhibit A — work and material schedule

Work areas and tasks: [DESCRIBE]

Drawings incorporated by title and date: [DETAILS / NONE]. Excluded work: [DETAILS / NONE]. Buyer selections and due dates: [DETAILS / NONE].

Notice of Cancellation — copy 1, detach and give to Buyer

Transaction date: [DATE OF TRANSACTION]

Seller: [CONTRACTOR LEGAL NAME], business address: [CONTRACTOR BUSINESS ADDRESS].

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to [MERCHANT NAME], at [MERCHANT BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [CANCELLATION DEADLINE].

I HEREBY CANCEL THIS TRANSACTION.

CONTRACT CANCELED

I hereby cancel this sale.

Date: [__/__/____] Buyer's signature: ____________________

Notice of Cancellation — copy 2, detach and give to Buyer

Transaction date: [DATE OF TRANSACTION]

Seller: [CONTRACTOR LEGAL NAME], business address: [CONTRACTOR BUSINESS ADDRESS].

You may CANCEL this transaction, without any Penalty or Obligation, within THREE BUSINESS DAYS from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled.

If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within 20 days of the date of your Notice of Cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this Cancellation Notice or any other written notice, or send a telegram, to [MERCHANT NAME], at [MERCHANT BUSINESS ADDRESS] NOT LATER THAN MIDNIGHT OF [CANCELLATION DEADLINE].

I HEREBY CANCEL THIS TRANSACTION.

CONTRACT CANCELED

I hereby cancel this sale.

Date: [__/__/____] Buyer's signature: ____________________

Official sources

• Montana Code Annotated, Title 30, chapter 14, part 5
• FTC Cooling-Off Rule, official 2026 CFR