We have a contingency that says, "The sale is contingent upon the seller entering into a contract to purchase a replacement property within 15 calendar days." This was on 10/31/22. Our agent is now saying we must terminate and pay 3% to seller and 3% to buyer. However, isn't this why... Read more »
answered on Nov 14, 2022
Your agent appears to be relying on a listing agreement that calls for her to be paid her commission even if the buyer she found is precluded from closing due to the contingency in the purchase contract. So there are two different contracts at issue. One is the "listing agreement" with... Read more »
answered on Nov 8, 2022
Probably but you might be able to sue in Idaho. You should consult an Idaho lawyer with your promissory note or contract to determine where you can file suit.
Over nine months ago. Now I guess my adjuster quit and they closed my file even though my contractor was communicating back and forth with the adjuster that quit and they want to start over from square one and send a new adjuster over to evaluate the damage. Isn’t there a time limit on how long... Read more »
answered on Oct 24, 2022
"Bad faith," 2 words that lawyers enjoy bantering about and insurance companies loathe hearing. But, in Idaho, to show "bad faith," you must show that the insurance company's payment or treatment was "intentional" or based on gross negligence. Courts are fair... Read more »
I believe they are not assessing dues properly, misappropriating funds, in breach of contract for performance, and paying a bookkeeper that is incompetent inflated and unreported compensation.
answered on Oct 11, 2022
I really enjoy questions like this because I champion the rights of home owners in an HOA. An HOA is kind of like being in the mafia, but instead of being a "soldier," treated with some respect, you're treated with disrespect and ridicule. You should get a copy of the HOA's... Read more »
If a real estate deal falls through, can the realtors you have say things to people about you? I had a real estate deal fall through and the realtor is saying horrible things about me now to a big social network we are all part of.
answered on Mar 1, 2022
While this is not per se illegal, it is unwise. By disclosing information on social media, the RE officer can "defame" you; that is, if the RE agent discloses her "opinion" of you, that's not objectionable, except to you personally. Every human being is judged, based on... Read more »
Good afternoon,
I want to file an order for Appearance and Examination against a Judgment Debtor. However, the Debtor resides in California, while we (Judgment Creditor) reside in Idaho. We have already obtained a sister-state judgment so we're all good there. But do we need to fly... Read more »
answered on Oct 12, 2021
Good afternoon,
Did you sue the debtor in California? or Idaho? Wherever you got your judgment is where you will file your "post judgment" motions. However, that's where the difficulty lies in trying to haul someone from CA to Idaho after the judgment. The subpoena power... Read more »
answered on Oct 5, 2021
It's ALL in your contract. If they broke their contract with you, you can sue them for the reasonable value of your generator, less the money they gave you for pawn, plus the money you paid in monthly payments. Good luck to you!
P.S., sue them in Small Claims Court.
I need to file suit against a general contractor who failed to complete the job despite being paid.
answered on Sep 29, 2021
I am a practicing member of the Idaho State Bar, my friend and have multiple lawsuits I can reference pleadings for if I need to. However, a "Template?" I'm sorry, no set of facts are the same; and, even the Rules of Civil Procedure have changed, just since my last suit. So, it... Read more »
I had an accepted purchase offer on a home I am buying. The home was advertised with a lifetime warranty on a metal roof. Prior to closing, I found out there was no permit on file for the new roof and the roof warranty was not a lifetime. The owner is not able to provide receipts for the roof in... Read more »
answered on Sep 10, 2021
The fact that you closed on the property even knowing that the property did not have 50 years left on the roof, will be used against you as an "affirmative defense," if you sue to get out of the contract. You may have a breach of contract claim, if you can show that the 50 yr warranty... Read more »
answered on Sep 3, 2021
Every contract for the sale of a car, includes "small print" provisions. If you carefully read all of the "fine print" provisions of the "extended warranty" addendum to the contract, it SHOULD say somewhere that after four months, the company may raise the payment to... Read more »
i know idaho is not consumer friendly but if i bought the car as is and my contract states if a written warranty is given then implied and express warranty can not be waived. the car has frame damage power steering has failed twice the car was not able to be driven for almost a month 3 days after... Read more »
answered on Aug 2, 2021
The warranty that CANNOT be waived is the warranty that the "car will be fit for the purpose it was intended." If you bought the car "AS IS," did you ask any questions? Did you ask to have the car overnight to have a mechanic look at it? You also mentioned your question as a... Read more »
Are we required to move out? Is our lease being “sold” to the new owners? Do that have to hold to it?
If we have to move, can someone provide a source? I can’t find anything online about this.
answered on Jun 18, 2021
Sorry to tell you this but you have no other rights other than to move out. Hopefully, the new owner will give you thirty (30) days to move your things. That's tough, I know. Renters in Idaho have a tough row to hoe!
answered on Mar 9, 2021
Look at the contract between yourselves. Really read it closely. If the bondsman sells collateral even though your payments were current, it is either in the contract giving them the right to do this, . . . or it is a breach of contract and you will have a cause of action against them.
After the job had begun, and a significant amount of the work was completed, the homeowner found someone to do the job for less. They demanded a refund of their deposit, and trespassed me from the property, not allowing me to retrieve my tools, or forms, etc. They then had another company use my... Read more »
answered on Feb 9, 2021
Yes you certainly do. It sounds like the homeowner has had "second thoughts " which is fine, its their right. But if you completed your "performance," then their performance is now "DUE." If they slander you, this is actionable; if they refuse to teturn your tools,... Read more »
Original contract; time of essence clause, original close date Oct 30, 2020. Seller did not meet. Addendum for release of earnest money (non-refundable) for customization. Addendum for new close date, November 16, to close not met by seller, In single contract state, (Idaho), do all addendums... Read more »
Long story short... We had a flood in our home. The contractor we hired tore out most of the inside of our home and then took off with the insurance money. So.. we had no other choice but to take a loan out on our other property, which was fully paid off. We hired a new contractor, who suggested a... Read more »
answered on Nov 5, 2020
Okay, if I understand what you've complained about, you have several issues and I'll take one at a time:
First: the first contractor basically started tearing the inside of your house apart and then split? In Idaho you have the right to require the first contractor to either... Read more »
I believe my rights were violated judge would not take evidence into consideration
answered on Sep 23, 2020
Without knowing a few things it would be difficult to give you proper guidance. I would like to know 1) what the evidence was that you tried to get in; 2) what the objection was to it's admission? 3) what point was the evidence sought to be introduced? Did the case make it to trial? Was... Read more »
answered on Jul 14, 2020
The owner of the propery that is assessed property tax. No mobile home owner is ever assessed property tax because THAT tax is reserved for the owner of land.
I need to collect about $20000 owed to me by an ex-employer in Idaho. I've all the paperwork and a determination from the Department of Labor saying they need to pay. The amount is too large for me to sue in small claims though - What are my alternatives? (Suing in magistrate court vs. hiring... Read more »
answered on Mar 21, 2020
Hi here is some information for you.
Small claims would be the easiest but it has a maximum $5,000 limit. So you could either give up any money in excess of $5,000 so that you could use the ease of small claims OR,
You could use the District Court’s (Small Lawsuit) method. Idaho... Read more »
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