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Idaho Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Idaho on
Q: I bought land in Idaho, part of an HOA. The president resigned and there is no board. What legal options do I have?

The newer residents seem keen to participate but very few of the older residents have expressed any interest in communicating in an open forum. There is a water well that is maxed and in need of updates. There is supposed to be a road to all of the lots but there is no road to my property and... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Dec 29, 2020

Land use restrictions in Idaho, came from Germany. The Idaho legislature and courts have ruled that these restrictions on land ownership are legal, but they will be strictly enforced against the drafter; which means that IF there is ANY ambiguity in the CC&Rs and someone is in trouble because... 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 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 Real Estate Law for Idaho on
Q: Should I go forward in filing a foreclosure? I have a rent to own agreement with a women who has never moved in.

Her Son and daughter in law occupy the residents and have destroyed property and payments are over 10,000 past due.

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

Typically in a "rent-to-own" situation, there isn't a "mortgage" or other debt-guarantee instrument. A home owner generally enters into a "contract" whereby the "renter," makes a certain number of "rent to own" payments or a certain,... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant, Probate and Real Estate Law for Idaho on
Q: 3 siblings have inherited the family home. 2 of them want to sell the property and 1 of them does not and wants to rent

out the property. In fact he has rented it out to his stepson in spite of the objections of the other 2 siblings, one of which needs the finances. What can be done?

Kevin M Rogers
Kevin M Rogers
answered on Sep 10, 2020

Idaho law provides you an opportunity to sue to "partition" or "buy out" an unwilling owner of their share. You need to tell the remaining, unwilling owner, that if you have to sue to make her sell her "interest," that you will be asking the Court to award your... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: My mom died and I own property with her. Do I have to have someone assigned to be her representative?

We are in litigation with a man over the property and entered into a mediation agreement. My siblings don't want anything to do with probate and it is mine and my mother's name on the property. She didn't leave a will she just put each person's name on each account or property... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Sep 1, 2020

Most likely the lawyer wants an Administration of her Estate by a Personal Representative. Mother is dead so noone can represent her. If possible get an Affidavit of Heirship executed as the source of title, then get your siblings to execute a Quit Claim Deed to you. But your Mother's... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: can the real estate statue of limitations be extended
Kevin M Rogers
Kevin M Rogers
answered on Aug 20, 2020

nope.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Idaho on
Q: married adult living with parents, can the father force child’s spouse to leave the property

let me rephrase and add some detail. my hubs+2sons have been living w/my in-laws since Mar. i receive mail at the address but sleep somewhere else due to PO rules. there’s a verbal agreement between hub and FIL but no lease. we help with housework and groceries. FIL has threatened to call... Read more »

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

Yes. Father is the "homeowner" and the spouse is a "guest" and so is daughter, so be nice!

1 Answer | Asked in Real Estate Law for Idaho on
Q: if a deed has three people listed on it. Two at 25% one at 50%. Can the one residing in the home take it all

Or can one make them buy out their interest?

Kevin M Rogers
Kevin M Rogers
answered on Aug 13, 2020

The answer to your direct question is "NO" just because one of three owners holds a greater share of the property ownership doesn't give them the "right" to "take it all." Further, these types of disputes are fairly typical and the parties need to communicate... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: can the real estate statue of limitations in idaho be extended?
Kevin M Rogers
Kevin M Rogers
answered on Jul 21, 2020

Real estate contracts are by nature, writings. As such they are governed by a 5 yr. Statute of Limitations. These cannot be extended and are absolute bars after the date that you signed a contract.

1 Answer | Asked in Real Estate Law for Idaho on
Q: HOA has different fees than what the rental lease is stating?

Property management wants to charge $500 and the HOA fee states its $140 fee. I was directed to discuss the matter with the HOA but now the property management is trying to go off of the lease. Conflicting information and lack of communication between the two.

Kevin M Rogers
Kevin M Rogers
answered on Apr 28, 2020

The Property Managers have an agreement with the owners of the property. It appears as though the HOA agreement is dated and needs to be updated. However, you have an effective defense by pointing out the discrepancy to the Property Managers and I believe you would be successful in any litigation.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Idaho on
Q: We are in the middle of disputes regarding business partnership of 8% and we have been receiving K-1 form every year.

We have not receive anything for this partnership or share of any income from my parents ranch. We received a letter from their lawyer referencing the Redemption of the Ranch units and relinquishing the share of my birth right for a very minimal amount and if we don't respond by May 8, 2020,... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Apr 28, 2020

I agree that you should have a licensed, experienced lawyer look at this “Redemption Agreement” before doing anything. A so-called “birth right” is typically handed down from a Testator in a will and a third party isn’t likely to be able to force you to relinquish your shares. This... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: Does owner move in rights exist in idaho for a new property owner who has a tenant with a 1 year lease
Kevin M Rogers
Kevin M Rogers
answered on Mar 9, 2020

Seller leased the property to you on a one (1) year lease and now the seller has sold the property and you're wondering whether you have to move and what your rights are?

The new owner buys a piece of property subject to "conditions." One condition in his/her purchase of...
Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: If my name is not on the title or mortgage of a property but on a gift deed for the property , can I legally sell it ?
Kevin M Rogers
Kevin M Rogers
answered on Mar 9, 2020

You need to research deeds. Who gave you a gift deed? Are you aware of the tax implications of being "gifted" something worth $2-$300,000 dollars? The moment you try to sell it you're going to run into the people whose names are on the mortgage. Sounds like a mess to me. If you... 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 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 Real Estate Law for Idaho on
Q: Can I sue a storage company for giving me bedbugs?

I was storing my bed, couch, everything, for about 4 months and when I moved my stuff back into my apartment, I found out I had gotten bed bugs from them. Prior to them storing my belongings, I had paid the extra amount for “storage insurance” meaning if any of my belongings had become damaged... Read more »

Tim Akpinar
Tim Akpinar
answered on Sep 30, 2019

These tend to be tough cases. The problem is that it could be costly to establish the source of the bedbugs. Plaintiffs in these cases can be confronted with the argument that the source could be any number of places. You could consult with an Idaho attorney to get a better idea of the viability... Read more »

1 Answer | Asked in Real Estate Law for Idaho on
Q: We recently went to court for an eviction. We were told by our property manager that we have to represent ourselves.

We have a signed document from the judge stating that a specific third party organization will pay us September rent for our tenant, made payable to my husband and I, mailed to our house post mark dated by the 13th. If this was not followed it was grounds for an immediate writ of execution. We just... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Sep 13, 2019

This is not true. You have the right to have legal counsel and I recommend you do! The ONLY legal actions I can think of in which you must represent yourself are if they sued you for back rent in small claims court and ?

1 Answer | Asked in Real Estate Law for Idaho on
Q: How do we find out the building inspector on a house built in 2009? Also the name of previous owners insurance co.?

The roof does not come all the way to the edge and water is going down the walls and into the soffits. We have been told that the previous owner was aware of a problem, but it was not disclosed in the property condition disclosure form, and our inspector did not find the problem or inform us.... Read more »

Kevin M Rogers
Kevin M Rogers
answered on Apr 29, 2019

All you need to do is go to the County Recorder's Dept. and look through the property records on file for that parcel.

1 Answer | Asked in Real Estate Law for Idaho on
Q: We bought a home 3 days ago and discovered major water damage tonight. There is significant mold in carpet. Any rights?

The wall is very soft my husband put his finger right through it and the paint is bubbling. It has obviously been going on for sometime and we were not told about it. We did have an inspection done. Is the seller in anyway responsible for this?

Kevin M Rogers
Kevin M Rogers
answered on Dec 3, 2018

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... Read more »

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