Lawyers, Answer Questions  & Get Points Log In
Idaho Contracts Questions & Answers
1 Answer | Asked in Divorce, Contracts and Family Law for Idaho on
Q: How Do I Get Out Of This Car Loan Situation (Divorce)?

I am about to file for divorce. I am the primary borrower for his vehicle. Only he has ever driven it, so it (along with the payments) should obviously go to him. There = about $6,000 left to pay. He just told me it broke down and will cost too much to fix. He said he can only trade it in for... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

This is a tough spot you're in. You are absolutely, financially responsible for your loan on the car, whether it works or is broken or regardless of whether it was you or him who primarily drove it. It's a tough spot! In fact, I'll let you know the WORST part! Let's say you... Read 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... Read 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... Read more »

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... Read 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... Read more »

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... Read more »

Robert King Reges Jr.
PREMIUM
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... Read more »

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Insurance Bad Faith for Idaho on
Q: It’s been nine months since I filed a homeowners insurance claim for 2 partial loss home fires. They sent an adjuster ov

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 »

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Contracts, Tax Law, Business Law and Real Estate Law for Idaho on
Q: How do I get copies of my HOA’s accounting records in Idaho if I suspect wrongdoing or incorrect bookkeeping?

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.

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Contracts and Health Care Law for Idaho on
Q: What can I do about my doctor sending a text to someone who is not authorized about my test results being available?
Kevin M Rogers
Kevin M Rogers
answered on Mar 15, 2023

I wish you had indicated who the doctor sent your test being available, to. Otherwise, it's not possible to determine if this was a HIPPA violation or not. If you know to whom the notice was sent, please resubmit your question and I'll be happy to answer it, or someone else will as well.

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.

1 Answer | Asked in Contracts, Real Estate Law and Civil Litigation for Idaho on
Q: What can realtors tell people?

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.

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Contracts for Idaho on
Q: How to conduct Judgment Debtor Examination from out of state?

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 »

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Idaho on
Q: a Boise pawn shop sold my 1500.00 generator before the pawn ticket was due. what laws or statutes did they violate?
Kevin M Rogers
Kevin M Rogers
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.

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Where can I get a template for filing my suit?

I need to file suit against a general contractor who failed to complete the job despite being paid.

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: How do I get my deposit back on a home that had an accepted offer?

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 »

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Contracts for Idaho on
Q: Is it legal for an extended warranty contract on a new vehicle increase the payment after only 4 months
Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Idaho on
Q: what kind of lawyer am i looking for. idaho bad car from a dealer

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 »

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Contracts for Idaho on
Q: We live in a rental in idaho that is being sold to people who want to move in. What are our rights?

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.

Kevin M Rogers
Kevin M Rogers
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!

1 Answer | Asked in Contracts for Idaho on
Q: What if a bondsman sells the collateral even though payments were being made or that you were not informed of his intent
Kevin M Rogers
Kevin M Rogers
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.

1 Answer | Asked in Contracts and Construction Law for Idaho on
Q: Can I sue a homeowner for Breach Of Contract, and loss of income.

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 »

Kevin M Rogers
Kevin M Rogers
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 »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Idaho, when new build seller does not perform to time for closing, with time of the essence clause, is EM refundable

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 »

Kevin M Rogers
Kevin M Rogers
answered on Nov 17, 2020

Yes.

1 Answer | Asked in Contracts for Idaho on
Q: Can I Sue a mortgage broker for breach of contract and damages?

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 »

Kevin M Rogers
Kevin M Rogers
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 »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.