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Idaho Real Estate Law Questions & Answers
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
PREMIUM
Anthony M. Avery
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 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.
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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 Real Estate Law for Idaho on
Q: Am I able to open an in home daycare when HOA says no but state and the city say yes?

I am trying to open and in home daycare. I have been approved to apply and just waiting for background check clearance and the inspections. I have also spoke with my city/county about local compliance and within my city and zoning I am permitted to run a family/group daycare residentially and... Read more »

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

The short answer is "NO." If you will permit me to diverge. Idaho Law permits weapons to be carried without a permit, openly. A HOA might want to limit when patrons could carry weapons around. This would be an HOA decision. HOA or Home Owners' Associations, are throwbacks from... 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 Real Estate Law and Construction Law for Idaho on
Q: Lawyer knows his client is at fault. Shouldn't he advise client to honor his obligation, instead of attacking victim?

Party A excavates his lot in preparation for building a home. He violates state law by not providing written notice required by statute to Party B about intent to excavate, and remove lateral supporting soil at their mutual property line. After the damage is done, Party A sends Party B a letter... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

I think your question involves malpractice? If so, you should first consult the Idaho Rules of Professional Conduct: https://isb.idaho.gov/bar-counsel/irpc/ Look first at the lawyer's B's duty to his clients. Then look at the lawyer's B's duties when working with 3rd... Read more »

2 Answers | Asked in Real Estate Law for Idaho on
Q: What are my options to sell my part of inherited property?

My step sister and I inherited a home (50/50) from our father, I want to sell my half. She lives in the home. She agrees with selling, but it's 2 years now and hasn't done anything moving forward. I just want my share of inheritance. What are my options?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 14, 2022

Hire a competent ID attorney to do one or the other: draft a Deed with proper Derivation of Title Clause and you sell your tenancy in common interest for an agreed price actually paid over; or file suit for a Partition Sale.

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1 Answer | Asked in Real Estate Law and Criminal Law for Idaho on
Q: Is my real estate brokerage sueing me?

How can i tell if my realtor/brokerage i was using is going after me? I have signed termination papers, a few months ago. And now they are bringing stuff up into my personal life as if they are coming after me.

Kevin M Rogers
Kevin M Rogers
answered on Mar 14, 2022

Okay, correct me if my recitation of facts is incorrect: you worked for a realtor? You quit, a few months ago? They are "coming after you," for something? And, they are using facts from your personal life to "come after you?" If these facts are correct, then this is my... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Idaho on
Q: I want to sell my home. I have a shop that exceeds local city size by 5ft in leng. can I sell without a permit for shop?

no leans on home and HOA approves of the shed and was built not knowing city requirements. it's only 5 ft longer and has existed for about 5 years with no issues in the backyard. Was built with boundary guidelines i.e. clearances from home and property line are fine. no plumming only has... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Mar 1, 2022

You can always sell your home, to anyone you want to sell to. . . as long as the fact that your shop is not within the CC&R guidelines, or city "set back, boundary" restrictions. This would be a BAD fact to omit if you are selling your home. Because, whether you have the City coming... Read more »

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 Real Estate Law, Civil Litigation and Civil Rights for Idaho on
Q: I owned a manufactured home but rented space what can I do if ex landlord did repairs, listed my home for sale, and sold

My home for 75000 with it still in my name. Prior to this I had it sold until landlord interfered and realtor eventually had to pull away because of his interface and she became scared of him and I have emails stating this. What can I do ? Cuz no one in my small town will help me.

Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

Let me make sure I understand your facts:

1. You owned a manufactured home and leased the land underneath it?

2. You offered to sell your M home but the ex landlord interfered with the sale of it and now the realtor you had won't list your property because she is now afraid...
Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Can a seller back out of a signed purchase agreement because his ex wife won’t re-sign quit claim deed that had a error

A friend offered my family to live in his house because he is always on the road. We have now lived in said homes for 5 years and he offered on multiple occasions to sell us the home for 90k. We finally agreed, no that we are 3 weeks from closing he is saying that his ex wife will not re-sign the... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Feb 17, 2022

Very interesting situation for sure. Here's what the law will say:

1. He had the right to sell you the property. Real property is "unique," that is, money won't remedy a breach. It's the only property on earth that you can actually force the sale of, as long as...
Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Can a new home builder have work done from subcontractors without homeowner know what it cost?

Is this normal or legal? Example. We have 8000 cleaning bill at the end for a 4000 sq ft home. Many line items have ended in results over going over without knowing any price of the worked that was performed until the bank draws. No estimates or nothing.

Kevin M Rogers
Kevin M Rogers
answered on Dec 27, 2021

Of course that can happen and often does. Do you need to be in on EVERY decision the General Contractor does, or did you hire him to make decisions about WHO to hire to do different parts of the project? Did you pay the General Contractor or does you contract with the GC, say that "despite... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Idaho on
Q: I need to file a Proposed Judgment for Quiet Title (in Idaho); Can't find a template or example. Can you help me find 1?

Seeking Quiet Title for a piece of property I own in St. Maries, ID. Everything has been filed, accepted, processed, adjudicated upon & a Default Judgment has been granted..but it is incumbent upon me to file a 'Proposed Judgment of Quiet Title'. I can't find an example of such a... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 23, 2021

You will need a competent ID attorney to draft that proposed Order. Remember the Order is adjudicating Title to real property. It is permanent and must be perfect. And every cloud on titles is different. If you do it yourself, and probably mess up, it is another cloud on the title you are... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: I had a contingency contract to buy a house in Idaho. I put down $5,000 earnest money.

I did sign off the final inspection, even though my agent ( who was a dual agent) didn't tell me that the $ would be considered non refundable. The sale of my home was my money/financing for the new home. The buyers of my house backed out a day before closing.

So, my financing fell... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Oct 29, 2021

What you need to do is look at each, signed contract. You need to examine what the contingency or contingencies were and the time and dates that the contingencies must be met or dropped or failed etc. That's what a lawyer will do for you. It is a complicated set of facts to figure out without... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Live in Idaho. Married, looking to buy property with my mom. Would spouse be entitled to 1/2 of property?

I plan to refinance the home I owned prior to marriage to purchase some land with my mom. Would my spouse be entitled to half that property if he’s not involved in the purchase and we were to divorce?

Kevin M Rogers
Kevin M Rogers
answered on Oct 9, 2021

Your wife is entitled 1/4, as you have only 1/2 interest with your mother, so your wife is entitled 1/2 of your community interest.

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 Real Estate Law for Idaho on
Q: Where can I find laws and or legal restrictions for vacation rental properties in the town of Kellogg, Idaho?

I’m considering investing in a little property and I need to know if there is anything standing in my way. Thank you!

Kevin M Rogers
Kevin M Rogers
answered on Sep 2, 2021

I would go to the county courthouse and ask where the Recorder's office is. Once there, i would give them either an address or description of the property and ask to see all of the recorded documents on that piece of land. That will give you a complete look at the property's history, show... Read more »

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Idaho on
Q: Which document is necessary to deed a property from father to son and his wife before father's death?

I am Executor of my ex husband's will. I want to make sure his house does not go to probate. Which deed document should I file at the Clerk of Court: Tenants in Common, General Warranty Deed, Grant Deed or Quit Claim deed?

Also, my last name has changed (I recently married) and my... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 28, 2021

Your ex husband's will MUST go through "probate," it's the law. However, you will find that it's NOT a big deal. The Uniform Probate Code was developed to help folks transfer deeds to other people; to get the wishes of the departed, carried out without the greed and... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Did I almost flease someone?

I'm trying to transfer the lease on my apartment. I've been telling applicants that the rate is 789 for the next six months at which point they will have to renew.

My landlord, without telling me, apparently had the transfer lease set for until July of 2022 and the rate would... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Jan 12, 2021

Leases are "contracts." A "Contract," is two or more parties, making an "agreement." Most agreements for apartments are in writing. Do you have a copy of the contract? Did you sign the "Lease Agreement?" If you did, simply read it. What does it say... Read more »

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