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Idaho Real Estate Law Questions & Answers

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 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 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 principal towards the... Read more »

1 Answer | Asked in Real Estate Law for Idaho on

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....

He did not take our earnest money or nothing! Then told us we were considered investors so we had to wait 20 days while others had chance to put any offers on it first which happened on the 19 th day of our 20 day wait. We really feel we were tricked for one and for two there is a darn sale pending... Read more »

Kevin M Rogers answered on Nov 9, 2018

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,...
Read more »

1 Answer | Asked in Real Estate Law for Idaho on

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.

How do i take control and ownership of the property ?

Kevin M Rogers answered on Nov 9, 2018

“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,... Read more »

1 Answer | Asked in Real Estate Law for Idaho on

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

Kevin M Rogers answered on Oct 10, 2018

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... Read more »

1 Answer | Asked in Contracts, Estate Planning, Foreclosure and Real Estate Law for Idaho 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?

My mother had bad credit. I had excellent credit. She said it would be good for my credit and my future if we bought a house together while I went to school full time and paid my loans as a I went. This is in Idaho. She was the primary owner and she paid the mortgage, as she promised. I gave her... Read more »

Kevin M Rogers answered on Oct 10, 2018

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... Read more »

1 Answer | Asked in Real Estate Law for Idaho on

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.

They long ago put up a fence to keep in their cows. This fence has been in place for over 50 years. According to a fairly new neighbor( 6 years) who borders me, he did a survey recently and claims the pins are different by as much as 18 feet. He wants to take down the historic fence and build a... Read more »

Mark R Petersen answered on Jul 30, 2018

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... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Small Claims for Idaho on

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?

I'm disabled

Peter N. Munsing answered on Jan 14, 2017

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.

1 Answer | Asked in Car Accidents, Landlord - Tenant and Real Estate Law for Idaho on

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

We keep our parking / walking areas clear and de-iced but the main driveways into the park are an icy mess. If someone slides off, who is responsible? I'd think the park but can find no published law on the subject.

Peter N. Munsing answered on Jan 12, 2017

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.

1 Answer | Asked in Environmental, Family Law, Personal Injury and Real Estate Law for Idaho on

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

Only ones homeless after 10 months mean while naybors got put in house 5 days after fire. Fire was leaky water heater & xploded. Nay,rs stored 3 tall oxygen tanks in front of gas water heater.

HELP I NEED A LAWYER FAST AS FIRE WAS AUGUST 3 2015. IM NOT SURE WHAT MY STATUE OF LIMITATIONS IS... Read more »

Peter N. Munsing answered on Jul 1, 2016

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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