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Idaho Questions & Answers
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 Consumer Law and Civil Litigation for Idaho on
Q: I bought a car with my boyfriend and he left me and took the car. I am the first signer. Can I just go get the car?

I paid the down payment and some of the car payments, the registration and repairs.

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

Nope. You were the first signer on the LOAN, right? Your name is or is not on the title? If your name IS on the title as a "co-owner," then you have as much right as he does to possess your car. However, how the car is titled is a big deal in Idaho. If you haven't paid the car... Read more »

1 Answer | Asked in Family Law and Military Law for Idaho on
Q: The last question i have is they both where adopted after i was born and .y father is ex military airforce retired?

I was told since they where adopted after i was born it makes me next of kin.

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

If they were legally adopted, they are your LEGAL brothers in every way!

1 Answer | Asked in Family Law for Idaho on
Q: I have a 2 and a half year old daughter. Her father left . Her grandmother wants me to sign over rights 4 6 months

She wants rights to her as well as to fight him in court. She is saying if I don't do this today. Then she will take me and her father to court and I wont have visitation unless supervised. I am her mother and have been with her her whole life. Living with her. I recently got a marijuana... Read more »

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

This is a pickle! Are you >18? (over 18?) Your mom is probably right (like always, huh?) Even in a great state like Idaho, Marijuana is still illegal and (as you know) Idaho will prosecute you for having it on you. Possession of Marijuana is also a bummer because if you get convicted of it... Read more »

1 Answer | Asked in Family Law for Idaho on
Q: So if i have two adopted siblings how does that work for next of kin since i was the first born
Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

Under "rules of descent," an "adopted child" is equal to a natural child, in every conceivable way. You're the "first born" and that carries a lot of responsibility in a family, but not really legally. Good luck to you!

1 Answer | Asked in Child Custody and Family Law for Idaho on
Q: Im 15 and pregnant can my legal guardians or family members take my baby?

I live with my grandparents who are my legal guardians. My mother was abusive mentally, my family including my mother is trying to take my baby when I give birth, I live in Idaho are there any laws saying they cant take my baby?

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

No, there are NO laws which say that your family cannot take your baby. If you are under 18 yrs. old, you are considered a "child" in Idaho. If you had sex with a young man prior to becoming 18, he could be charged with a number of crimes. However, if we look beyond that now, since you... Read more »

1 Answer | Asked in Estate Planning for Idaho on
Q: Im a felon in idaho and my father is dieing can i still be next of kin.
Kevin M Rogers
Kevin M Rogers answered on Nov 17, 2020

Hello,

You are either "next of kin" or you're not. It has nothing to do with where you are physically or legally right now. If you were in prison, you would still be "next of kin." If you were across the world, you'd still be "next of kin." The...
Read more »

1 Answer | Asked in Civil Litigation for Idaho on
Q: I’m fearful I cannot defend myself to continue motion for CPO What is your advice

A petition for a CPO was granted to me but to continue the CPO I need to go to court This is for intimidation and harassment by person who unlawfully entered my apartment and is trying to intimidate me to tell the courts I lied and drop the charges The intimidation and harassment has been ongoing... Read more »

Kevin M Rogers
Kevin M Rogers answered on Nov 9, 2020

The person who is harassing you is REALLY CLOSE TO being charged with a Felony, entitled "Intimidation of Witness," and if he comes anywhere near you, I would notify the police immediately. He cannot legally harass you or bother you because you have testimony that will hurt him.

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: What can I do to respond to a verified ex parte motion for temporary orders?
Kevin M Rogers
Kevin M Rogers answered on Nov 9, 2020

A "Motion for Temporary Orders," is difficult to achieve; there will be notice give to you of when the hearing is. You should hire legal counsel to respond to this. However, if you are unable to do so, you need to prepare for doing it yourself. File an "answer" to the... Read more »

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 »

1 Answer | Asked in Criminal Law, Divorce, Family Law and Real Estate Law for Idaho on
Q: If a nco order forces me to leave the home I own what are my options
Kevin M Rogers
Kevin M Rogers answered on Nov 4, 2020

You don't lose any rights by being forcibly removed from your own home. The frustration you feel is felt by every, single male who is removed and now has to pay for two (2) residences. If you own it outright without your mate's co-ownership, simply sell it out from under her and buy a... Read more »

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Should long distance custody agreements allow for children to miss up to two weeks of school per year for non custodial?

My husband's ex moved out of state thousands of miles away to follow her new husband in his career in the air force. We're trying to come up with a parenting plan to allow as much time for her with the kids as possible, but she's wanting the kids to miss 2 weeks of school each year... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 24, 2020

Are these consecutive or contiguous weeks? Second question, two weeks is not a terribly long time. They can also take schoolwork home and study remotely so why are you willing to spend thousands of dollars on attorneys for something simple that you should be able to work out in emails?

1 Answer | Asked in Child Custody, Divorce and Family Law for Idaho on
Q: Me and my wife are going thru a divorce we used or to co own car. She is taking my name off it. I paid for most of it.

Qe have a daughter of 2 years old o rely on the vehicle for transport if she takes it i would be out of work.

Kevin M Rogers
Kevin M Rogers answered on Oct 20, 2020

She needs it because she has primary custody of the child, right? You "need" it because you have mostly made the payments on it, right? You don't also happen to own a pickup that YOU drive, do you? I'm sorry, this sounds S E L F I S H to me and a divorce judge will... Read more »

1 Answer | Asked in Consumer Law for Idaho on
Q: I'm under 18 I have saved and am ready to buy a car with all cash do I need to have a cosigner on the title in Idaho

I have saved all cash and I have found a vehicle from a private entity since I am under 18 and am buying the vehicle out right do I need to have some one else cosign on the title or can just I sign it I will be 18 in less than 12 months and don't want to retitle the vehicle. Also if my name is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 20, 2020

Hi there,

Yes you need to have a co-signer, not because you may not have good credit but for the same reason that you may NOT title a car in your name, until you're 18 yrs. old. So, right now you can titled it in yourname/co-signer's name and then in one year, re-title it in just...
Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Idaho on
Q: I got laid off due to COVID-19. If the job opens back up and I don’t get my job back can I sue? Short 6 months for 10 yr
J. Grady Hepworth
J. Grady Hepworth answered on Oct 19, 2020

More information is needed to answer your question. Idaho is an "at-will" employment state. You are not guaranteed your job back. However, you might have a case if you believe your (former) employer refused to hire you back for a discriminatory reason (i.e. race, gender, disability, age, etc).

1 Answer | Asked in Family Law, Elder Law and Probate for Idaho on
Q: My sister recently resigned as guar/consr. She is withholding all dads mail and I know she's hiding something.

What can I do?

Kevin M Rogers
Kevin M Rogers answered on Oct 18, 2020

Has a sister to one of the future devisees, you have the right to demand a copy of the checking account (or anything else) and if she does not comply, you simply file a petition for removal.

1 Answer | Asked in Domestic Violence for Idaho on
Q: Can police take a domestic victims phone without consent for evidence?
Kevin M Rogers
Kevin M Rogers answered on Oct 14, 2020

Nope

1 Answer | Asked in Stockbroker Fraud for Idaho on
Q: Edward Jones has placed a 10 day hold on a very large cash amount that I deposited in a portfolio account.

I would like to withdraw a portion of it but was told it needs to be held there for ten days due to possible money laundering???

Ross B. Intelisano
Ross B. Intelisano answered on Oct 13, 2020

It depends on what your customer agreement states. Most firms have broad discretion to hold onto funds if there are AML issues. You may want to be very active with your broker to find out what is happening.

1 Answer | Asked in Consumer Law for Idaho on
Q: I was financed for a car from an established used car place only to find it needs rack & pinion replaced. Can I sue?

I returned to the dealership within a month of driving and complained about the tire locking up when I turn left. They suggested it could be the hub which I paid them to replace and the problem has not only continued but has gotten worse. They told me to just turn traction control off every time I... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 12, 2020

Dear Robbed,

Please correct me if I misstate the facts you've listed.

First, you purchased a vehicle from a dealer? Was the car new or used?

Second, if it was used, did it have a "AS IS" sign on the windshield?

Third, if it was used AND it had an...
Read more »

1 Answer | Asked in Family Law and Child Custody for Idaho on
Q: Changing over or adding a custodian for a child

My son has lived with his grandmother most of his life and she has custody of him. I have recently amended things and have been in contact with my son and grandmother. He is now 17. I have not had custody since I gave him up when he was a baby as I could not care for him. The other parent is... Read more »

Kevin M Rogers
Kevin M Rogers answered on Oct 7, 2020

Your son will be an "adult" probably by the time you read this and you won't need to do anything. However, if you're aching to pay a lawyer to do something, you need only make a phone call to the grandmother and say, "hey grandma, since we have agreed to let my son come... Read more »

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