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Idaho Contracts Questions & Answers
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 »

1 Answer | Asked in Consumer Law, Contracts, Libel & Slander and Medical Malpractice for Idaho on
Q: I would like to file a complaint against a judge

I believe my rights were violated judge would not take evidence into consideration

Kevin M Rogers
Kevin M Rogers 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 »

1 Answer | Asked in Contracts for Idaho on
Q: Can you review a contract for me General Liability Release of Claims
Kevin M Rogers
Kevin M Rogers answered on Jul 30, 2020

I will be happy to review it for you!

1 Answer | Asked in Tax Law, Contracts and Foreclosure for Idaho on
Q: Who is responsible for paying property taxes if someone owns the lot itself and another owns the mobile home on the lot?
Kevin M Rogers
Kevin M Rogers 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.

1 Answer | Asked in Contracts, Employment Law, Business Law and Collections for Idaho on
Q: I'm owed more than $5000 in the state of Idaho. How can I sue to collect it?

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 »

Kevin M Rogers
Kevin M Rogers 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 »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: I’m the seller of a commercial building and accepted an offer, but now I’m having a change of heart. Can I back out?

It’s in escrow but hasn’t closed yet. The change of heart came with a 100k higher offer.

Kevin M Rogers
Kevin M Rogers answered on Feb 26, 2020

Look for something in the escrow that you can claim is a "mistake in understanding" to void the contract. However, if everything: the "offer" and the "acceptance" of that offer, was done and documented properly, you're stuck and if you refused to sell,... Read more »

1 Answer | Asked in Business Law and Contracts for Idaho on
Q: I believe my parents business broker and buyer took advantage of my mom after my dad died.

Hi, while my parents were trying to sell their business my dad passed away and I believe my parents business broker and the buyer took advantage of my mom while she's was grieving. She signed the papers to sell two weeks ago the new owner took over but she still hasn't been paid. The new... Read more »

Kevin M Rogers
Kevin M Rogers answered on Feb 19, 2020

Possibly. Grieving is not a legal reason to avoid a contract. What you should do is gently question your mother and find out why she agreed to the terms the buyer offered? Was your mom represented by a realtor or attorney? Why weren’t you there to help her in the closing?

1 Answer | Asked in Contracts for Idaho on
Q: My sister is breaking our oral agreement of her paying me $500 per month for my home while I live in it. Threatening me

I'm extremely stressed out due to the threats of eviction, not paying me, and putting my home up for sale April 1st. I don't know what to do to stop her. Please help me!

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

Okay, if I understand what you're writing about, let me summarize: your sister owns a house and she's allowing you to live there? I don't know why she'd be paying YOU to live in HER house though? I will need a little bit more information. Can you provide that? Such as:... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Idaho on
Q: Do all lawyers who deal with real estate know and/or practice contract law?
Tim Akpinar
Tim Akpinar answered on Dec 27, 2019

Yes, for the most part, experienced real estate attorneys need to have a firm grasp of contract law. Handling real estate closings, drafting leases, and handling other property-related transactions heavily involve elements of contract law. Good luck

Tim Akpinar

1 Answer | Asked in Contracts and Employment Law for Idaho on
Q: I was terminated due to excessive tardiness one day after signing a contract for an advance on my future paydays

Can my employer withhold any of my final paycheck if I signed a contract expecting future paydays, and can I be terminated for excessive tardiness even though I reasonably expected to have an ongoing employment with the company that I have worked for almost 11 years.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2019

Unless you have an employment agreement--not just an agreement to repay advances--your termination is not unlawful. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any... Read more »

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