Idaho Code

Idaho Code § 54-2038 (2026)

Designated broker — General responsibilities — broker price opinions.

✓ current as of May 2026

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Designated broker — General responsibilities — broker price opinions.

The requirement that each brokerage company be maintained and conducted in compliance with the Idaho real estate license law and the Idaho real estate brokerage representation act is the responsibility of its designated broker. The designated broker is responsible for the actions of its licensees and associated unlicensed persons performed within the course and scope of their employment or agency, regardless of the location of the company’s business or where representation is conducted.

(1) A designated broker is required to:

(a) Supervise and control, in the manner required by law and rule, all office locations, and the activities of all licensees and unlicensed persons associated with that brokerage company or for whom that designated broker is responsible;

(b) Review and approve all real estate agreements including, but not limited to, those related to listing, selling or purchasing property and brokerage representation agreements;

(c) Be reasonably available to manage and supervise the brokerage company during regular business hours and will maintain adequate, reasonable, and regular contact with sales associates engaged in real estate transactions so as to prevent or curtail practices by a licensee that would violate any provision of this chapter; and

(d) Be reasonably available to the public during business hours in order to discuss or resolve complaints and disputes that arise during the course of real estate transactions in which the designated broker or his sales associate is involved.

(2) A broker who is otherwise qualified to do business in Idaho, but is not able to manage and supervise according to this section, may be licensed as a "limited broker" in Idaho and shall not have any sales associates licensed under that broker.

(3) An actively licensed salesperson or broker may, in the ordinary course of business, give an opinion of the price of real estate for the purpose of a prospective listing or sale. Only an actively licensed broker or associate broker may prepare and render a broker price opinion, as defined in this chapter. An associate broker who prepares and renders a broker price opinion shall notify the designated broker, and the associate broker may not accept any fee except through the designated broker. Any licensee who renders a price opinion that does not comply with this subsection or with the requirements of section 54-4105, Idaho Code, is subject to discipline by the commission.

(4) A designated broker shall not allow any person who is not properly licensed to represent that broker as a sales associate, or otherwise, in any real estate business activities requiring a real estate license. "Properly licensed" means a license or a change in license that has been made effective by the commission.

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 1977–2025 · leading case: Wallace v. Heath, 479 P.3d 155 (Idaho 2021).

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Wallace v. Heath, 479 P.3d 155 (Idaho 2021). · cites it 10× “” I.C. § 54-2038. Heath cited to Idaho Code section 54-2038 in her opening brief and argued that Taylor Real Estate was liable for the actions of Palmer.”

Dep't of Emp. v. Bake Young Realty, 560 P.2d 504 (Idaho 1977). · cites it 2× “No salesman can operate apart from the place of business of a licensed broker, I.C. § 54-2038, and any salesman may be “discharged by his employer for a violation of any of the provisions of section 54-2040”.”

Craig v. Silver Sage Ranch, LLC (D. Idaho 2025). · cites it 5× “In support, he relies on I.C. § 54-2038, which outlines the general responsibilities of the designated broker— Deacon in this case.”

Michael Scott Maclay v. Idaho Real Est. Comm'n, 300 P.3d 616 (Idaho 2012). · cites it 4× “He further claims that he did not engage in broker activities listed in I.C. § 54-2038 and that he made a good faith effort to comply with I.”

Craig v. Silver Sage Ranch, LLC (D. Idaho 2024). · cites it 2× “2 (Idaho 2009) (noting case 3 Section 54-2038 establishes general responsibilities for “designated brokers,” meaning “an individual who is licensed as a real estate broker in Idaho and who is designated by the brokerage company to be responsible for the supervision of the…”

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