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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Enz v. Raelund, 419 P.3d 674 (2018)

Citation
Enz v. Raelund, 419 P.3d 674 (2018)
Parent Document
Enz v. Raelund, 419 P.3d 674 (2018)
Jurisdiction
Montana (state)
Effective Date
2018-06-05

Other Sections in This Document (99)

Full Text

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¶ 66 The Landlord-Tenant Act does not apply to occupancy by a purchaser under a contract of sale, but does apply to the holder of an option to purchase. Commissioners' Comment to Section 1.202 of Uniform Act, § 70-24-104, MCA. "There is a decided distinction between an option to purchase, which may be exercised or not by the prospective purchaser, and an absolute contract of sale, wherein one of the parties agrees to sell and the other to buy certain property, the sale to be completed within an agreed time." Clark v. Amer. Dev. & Mining Co. , 28 Mont. 468, 479, 72 P. 978, 981 (1903) (citations omitted).