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Idaho Questions & Answers
1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Idaho on
Q: A price was agreed on regarding purchase of a dog. I paid price. She won't give me the dog. Does she owe me the dog?

Original asking 200, I said I could not afford that. She asked what I could afford, I said my max limit was 100.00. she said she was okay with that. I said okay and paid the 100.00. she said she would deliver the dog. Several hours later she insisted I send her another 100 because she took dog to... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

She owes you $100, period. She proposed what we call a "counter offer," i.e., you get the dog if you pay $100 + cost of rehoming etc. This "counteroffer" was NOT accepted by you. The only offer and acceptance of that offer, was your acceptance of her offer to sell the dog to... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Hi, I was just wondering if a marriage certificate supersedes a custody order

Hi, I was just wondering if a marriage certificate supersedes a custody order

For example, a man and a woman unmarried have a child, and then they go to court and have an order signed by a judge, joint, physical and legal and a parenting plan set in place and then they get married and then... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 27, 2022

The Parenting Agreement IS relevant. However, it's relevance goes down, by the day. Because what the divorce court judge is supposed to do is decide what is in the best interests of the minor child. The Parenting Agreement is very relevant if it's only 4-5 months old when you divorce... View More

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Personal Injury for Idaho on
Q: Prior to a new land owner taking over my trailer park we had a direct connection to the water line. The land lord had a

a water meter installed a few months after they took over. The installer took my heat tape off the water pipe. Last week the installed assembly froze, now the land lord want's me to pay for the repair. The installer did not do quality work as relaiyed to me by the repairing plummer.

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

The Idaho law on landlord/lessor law is that the lessor must provide you with water, power and heat. If the new owner wants to do away with the internet due to whatever reason, that's his prerogative. You should speak to the new park manager and document the damage to the assembly and ask... View More

1 Answer | Asked in Child Support and Family Law for Idaho on
Q: Change of child support

My ex and myself divorced she got a degree and remarried but refuses to go to work. Her husband makes more than 150,000.00 a year. Then against a Cort order moved 3000 miles away. She asked me if I was OK with this. I finally agreed if she would call child support services and have them stop... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

You should take her back to court to enforce the verbal agreement she made with you, re: child support in exchange for allowing her to move 3,000 miles away. Some courts would hold that this was an "agreement against public policy," because it is against the public policy of most states... View More

1 Answer | Asked in Adoption, Civil Rights, Domestic Violence and Family Law for Idaho on
Q: If cps hasn't shown up, and if the police have ignored all reports of my friends abuse, what other options do they have?

My friend is a 13 year old, soon to be 14 living in moscow idaho, and they have been experiencing terrible physical abuse, emotional abuse, and general neglect from their mother for a while now. Me, a friend, and a staff at the local youth center have all reached out to cps and police, but nothing... View More

Kevin M Rogers
Kevin M Rogers
answered on Dec 28, 2022

ONE thing you can NOT do, is take the law into your own hands. IF you try to take your friend away from the abuse, you will be arrested, and I'm sure you know that. However, you could convince your friend to go with you to the police to report the abuse he's been suffering. That might... View More

1 Answer | Asked in Real Estate Law for Idaho on
Q: unmarried couple both on deed ,partner leaves claims owed 50% as common law .

I say purchase price plus equity/ % of contribution to down plus down is equitable

Kevin M Rogers
Kevin M Rogers
answered on Dec 10, 2022

Idaho has NO MORE common law marriages. Those were abolished more than 10 years ago. So this is more simple that community property law principles or even old, common law principles. Essentially you have a joint ownership situation. The departing partner is absolutely correct. He is owed 50% of... View More

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Can we sue our realtor for neglecting to properly write and amend sellers contract to a buyer?

We sold our home March 2021. We approached the realtor who sold us our home about selling it. We told her the amount we needed to make from it and if she couldn't then we would go another route. She assured us she could. Here is the problem, she neglected to write in our contract that if the... View More

Kevin M Rogers
Kevin M Rogers
answered on Jan 2, 2023

You are correct in assuming that it IS your written "Listing Agreement," which governs the outcome of your lawsuit. You are unfortunate also, as because you are limited to the "written document," between you and the RE Agent, you will NOT be permitted to offer testimony on what... View More

1 Answer | Asked in Criminal Law and Civil Rights for Idaho on
Q: Need some one that handles police misconduct claims for damages / criminal defense

Have a criminal charge stemming from a really bad traffic stop call. The whole traffic stop threw arrest and release and still going and being monitored have been very poorly handled and quite frankly very qurationble have CT datw 12-12 2022 and my defense lawyer passed away

Kevin M Rogers
Kevin M Rogers
answered on Jan 2, 2023

You need to do the following:

1. Determine whether the offending officer was a Boise City cop; or an Idaho State Trooper. This is important because you can look up the "Idaho Tort Claims Act," and it says you only have 180 days from the day you "should have been able to...
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1 Answer | Asked in Car Accidents, Insurance Bad Faith and Personal Injury for Idaho on
Q: I have an unusual case involving geico car insurance company. Would like to sue geico for damages.

May be too long ago but here it is. 3 yrs ago someone filed a traffic accident report stating I had rear ended them. They had my registration and insurance proof. Anyway my truck or myself was not in the accident nor was I in the same town. My license was suspended Yada yada the people file for an... View More

Tim Akpinar
Tim Akpinar
answered on Dec 17, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. You could ask them to investigate through the SIU (Special Investigations Unit). This will require thorough investigation, and three years elapsing doesn't help in terms of gathering evidence. A local attorney... View More

1 Answer | Asked in Child Support for Idaho on
Q: Do I need to pay child support in arrears in idaho? My child is 26 almost 27.

Owed something in the amount of $20, 000.

Kevin M Rogers
Kevin M Rogers
answered on Dec 8, 2022

Your question doesn’t give enough information to answer competently. Have you been sued for arrears already? Was the Support Order reduced to a money judgment? Do you have any paperwork concerning what happened 26 almost 27 years ago?

Generally speaking, child support is ordered by a...
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1 Answer | Asked in Personal Injury for Idaho on
Q: Can lawyer refuse to give me my case file after he quits my case, in Idaho?

One month left before statute of limitations is up, lawyer quit. Talked to office person they said there are certain documents they do not have to give.

Tim Akpinar
Tim Akpinar
answered on Dec 19, 2022

An Idaho attorney could advise best, but your question remains open for two weeks, and you have a looming statute of limitations. Only a local attorney could advise per state rules, but the basic general rule nationwide is that clients are entitled to their files. Some elements might differ by... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Idaho on
Q: In Idaho, when doing a lot line adjustment, if there are any liens or such on property do they stay with original lot?

Neighboring owner is selling us 4.6 acres that attaches to our property.

Anthony M. Avery
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answered on Nov 23, 2022

If there is a Lien against the real property, then it remains despite any number of conveyances. It is not released because the lot becomes part of a larger tract.

1 Answer | Asked in Family Law and Elder Law for Idaho on
Q: If I get Guardianship/Conservatorship over my father's estate what happens to the Power of Attorney

that my father gave his live in girlfriend ?

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

It will instantly VOID the Power of Attorney he gave the GF!

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: The child turned 16 years old and has a full-time job. The child lives 187 miles from the non-custodial parent.

Our child just started a full-time job and lives 187 miles away from the non-custodial parent, who has every other weekend and every other holiday visitation. The non-custodial parent is requiring the child's employer to follow the court order visitation. Does the employer have to follow this... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 24, 2022

No private party may require a non-party to do anything. If you believe the father is requiring a non-party to obey your Decree of Divorce, then please disabuse yourself of this belief. This also has nothing to do with how far your child lives from the father. The ONLY considerations you should... View More

1 Answer | Asked in Car Accidents for Idaho on
Q: Is it my right to have an actual insuranceadjuster come to the body shop and give an estimate or do I have to submit pic
Tim Akpinar
Tim Akpinar
answered on Nov 26, 2022

A Utah attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney for state-specific law, the short answer in most places is that it's up to the carrier. For minor or moderate damages, they could go by estimates of a body... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Can I lose custody if my child is in daycare to much even if the judge mandated it?

Judge mandates only blood relatives or licensed child care providers. (I have no family in Idaho so I use daycare)

I than lose custody % 2 years later because my kids are in daycare to much while I'm at work 5 days a week. Single mom.

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

As a litigator, what I constantly have to remind myself is that judges don't care how good my argument is to give my client custody, or how persuasive I am about the good things my client is doing etc., if it's not in the child's best interests. This is thE ONLY factor that the... View More

1 Answer | Asked in Insurance Bad Faith for Idaho on
Q: Is it my right to have an adjuster on site for auto claims or can they make me submit photos instead.

I dropped my car off at the body shop and it’s waiting for an estimate from the insurance but the insurance is refusing to send an adjuster on site. They are only requesting photos of the damages.

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2022

An Idaho attorney could advise best, but your question remains open for two weeks. Until you're able to consult with a local attorney who could advise on state-specific law, nationwide it's usually up to the carrier and the PD adjuster's judgment with most claims today. Good luck

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: We are in contract to sell our house, based on our contingency can we walk away with no fees?

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... View More

Robert King Reges Jr.
Robert King Reges Jr.
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... View More

1 Answer | Asked in Divorce for Idaho on
Q: My sister is getting a divorce, can her soon to be ex, make her pay a fee whenever he has to clean up after her?

My sister is a full-time mom, she homeschools their son, does house cleaning for others, and is expected by her husband to have the house cleaned and food on the table by the time he gets him. Right now through, my sister is trying to divorce him because he is emotionally and psychologically... View More

Kevin M Rogers
Kevin M Rogers
answered on Nov 25, 2022

The husband is guilty of manipulation and severe, emotional abuse of your sister and (probably) their son. Idaho, like most other states can give your sister a divorce for FAULT reasons, not just "irreconcilable differences" which is "no fault." IN a divorce, if your sister,... View More

1 Answer | Asked in Contracts, Business Law and Collections for Idaho on
Q: My Idaho corporation loaned 250000 to a LLC in Texas and I need to get my money back. Do I need a lawyer in Texas?
Barry W. Kaufman
Barry W. Kaufman
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.

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