Idaho Real Estate Law Questions & Answers

Q: We bought a home 3 days ago and discovered major water damage tonight. There is significant mold in carpet. Any rights?

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Dec 3, 2018
Kevin M Rogers' answer
Seller's agent is responsible to inform buyer of known omissions to the buyer. The first question to be answered is: whether the seller had an "agent." Did you deal directly with the seller or someone else? An agent is a person who has been authorized to act on behalf of a principal towards the performance of a specific task or series of tasks. An agency relationship is created through the actions of the principal who either: (1) expressly grants the agent authority to conduct certain...

Q: My husband and I found a house and put an offer on it. We soon found out that realtor did not put our offer in....

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Nov 9, 2018
Kevin M Rogers' answer
Did you and your realtor have a written contract? What does it say? What do the recitals say? To determine whether the realtor breached a duty owed to you, you can look up in Title 55 such as:

54-2051. OFFERS TO PURCHASE. (1) A broker or sales associate shall, as promptly as practicable, tender to the seller every written offer to purchase obtained on the real estate involved, up until time of closing. A purchase and sale agreement signed by the prospective buyer shall be deemed in all...

Q: I lent money to a neighbor and he put up a piece of property up as collateral. He failed to pay me when it was due.

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Nov 9, 2018
Kevin M Rogers' answer
“Put up a piece of property up as collateral?” How did he “put it up” as collateral? Did he give you a Deed of Trust or a Mortagage? Did he record it or did you? Generally speaking if the document adequately identified his property AND was identified as “collateral,” AND was recorded, then you will have to “foreclose” on the instrument given you to secure his debt.

Q: granddaughters boyfriend kicked her out of apartment homeless can't get apartment she is on his lease what to do

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
Your granddaughter’s boyfriend must also be on the lease? Otherwise he couldn’t have kicked her out. So what to do now? Is your granddaughter willing to come to terms with what her BF wants from her? If so, just tell granddaughter to beg his forgiveness and let her back into his life. On the other hand if she is through being treated like shit she should simply move out and move on.

Q: Do I need a lawyer to file for a partition of property? If I hire one, am I just making a bad situation more worse?

1 Answer | Asked in Contracts, Estate Planning, Foreclosure and Real Estate Law for Idaho on
Answered on Oct 10, 2018
Kevin M Rogers' answer
Why don’t you ask your mother to quit claim her interest in the property to you? Partitioning this property won’t answer the question of what money you might owe to your mother? As for your question, this is not a difficult situation for an experienced attorney to handle, and if you know what you’re doing why don’t you do it yourself? Any lawyer you hire is going to charge you a retainer but I can’t imagine why that would make the situation you find yourself worse.

Q: I have a property in idaho that I bought 16 years ago. Prior it was owned by another family for at least 40 years.

1 Answer | Asked in Real Estate Law for Idaho on
Answered on Jul 30, 2018
Mark R Petersen's answer
Idaho law recognizes fences that have been the boundary of adjoining properties for a long period of time as the property line. To establish fence line and property ownership there must be a (1) disputed boundary, (2) uncertainty or ignorance of the true boundary line, (3) and an agreement establishing a boundary that is recognized between the parties.

Payment of property taxes is not required.

The property line agreement may be established by direct evidence, or it can be...

Q: If I can't shovel snow, can someone sue me if they fall bc of snow/ice on sidewalk in front of the house I'm renting?

1 Answer | Asked in Personal Injury, Real Estate Law and Small Claims for Idaho on
Answered on Jan 14, 2017
Peter N. Munsing's answer
Check the lease. If keeping sidewalks clear is on you then yes, they can. Maybe arrange with a local kid to do it if it is.

Q: Who is responsible for maintaining a mobile home community driveway. Ours is dangerously icy for tenants and visitors.

1 Answer | Asked in Car Accidents, Landlord - Tenant and Real Estate Law for Idaho on
Answered on Jan 12, 2017
Peter N. Munsing's answer
Look at your lease--in most cases they are the duty of the mobile home park. Problem is there are virtually no rules or enforcement regulations when they don't maintain common areas.

Q: Do I have a personal inj & civilcase bc naybrs house fire burned our hous dwn unliveable w/our stuff .chronic ptsd. Were

1 Answer | Asked in Environmental, Family Law, Personal Injury and Real Estate Law for Idaho on
Answered on Jul 1, 2016
Peter N. Munsing's answer
Possible claim for carelessness if it can be shown that if they hadn't stored the oxygen tanks the fire wouldn't have hit your house. Did your homeowners not make a claim?Did your house not get covered by your homeowners?

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