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Buying Real Estate in Idaho

by | Jan 19, 2016 | TC Drafting, TC Review, TIER, TIER Plus

Each State differs with regard to laws, rules, and regulations governing real property transactions. Consider the following about buying or selling real property in Idaho:

Idaho is a Black Letter Law State. Contract language in Idaho is strictly and expressly interpreted, barring ambiguity, misrepresentation, or provable fraud. In other words, if the contract does not address a circumstance within the four corners of the document, Idaho courts may not interpret contract language favorably according to what is “right.” “Law before equity” is the rule. Use precise language, define timeframes, and make contingencies unambiguous. Clarify vague, ambiguous, or overbroad wording in any document related to your Idaho real estate transaction. Oral contracts conveying interests in real property are invalid in Idaho. Idaho courts may, or may not, enforce oral agreements.

TC Solution: Use TC Drafting to deliver a custom contract drafted with your terms, conditions, and contingencies.

Idaho assumes knowledge of the public document record. Idaho law assumes Buyers have knowledge of every document in the public record pertinent to a property and that Buyers understand the meaning of every document, and how they interact with other documents. When buying land outside a platted subdivision, do your legal due diligence regarding zoning, land use restrictions, water, septic, easements, roads, and anything else your research unearths. Better to do legal due diligence before signing a purchase and sale agreement. However, if you’ve signed, use the inspection period to not just address the physical aspects of the property, but to address the critical invisible legal risks to the use of the property and to the financial security of the Buyer.

TC Solution: Use TIER® and TIER Plus® for legal opinions about legal due diligence questions.

Idaho realtors owe no fiduciary duty to a client. Idaho realtors owe no fiduciary duty to clients during the real estate transaction, meaning they do not have to put the client’s interests before their own. Be particularly careful with regards to disclosures and contract language. Realtors may have liability for misrepresentation just like any other Idahoan, but they carry no special duty to their client above what is expected from an ordinary citizen of the State.

TC Solution: Use TC Review to review and answer questions about a signed document, or document to which you are otherwise committed.

Timely Contract solutions help avoid common problems when buying real estate in Idaho … and help you sleep better at night!

This posting is not legal advice. Legal advice is based on specific facts. This information is necessarily general in nature.

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