Idaho Code
Idaho Code

Idaho Code § 54-2093 (2026)

Vicarious liability abolished. 

✓ current as of May 2026
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Vicarious liability abolished. 

(1) A client, as defined in this chapter, whether buyer or seller, shall not be liable for a wrongful act, error, omission or misrepresentation of his broker or his broker’s licensees unless the client had actual knowledge of or reasonably should have known of the wrongful act, error, omission or misrepresentation.

(2)  A licensee or brokerage engaged in representation of a client shall be entitled to rely upon representations made by a client and shall not be liable for a wrongful act, error, omission or misrepresentation made by the client unless the licensee or brokerage had actual knowledge or reasonably should have known of the wrongful act, error, omission or misrepresentation.
(3)  Nothing in this section shall be construed to diminish or limit any of the broker’s or licensee’s responsibilities under chapter 20, title 54, Idaho Code, or the rules promulgated thereunder.
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2016–2024 · leading case: Robert Humphries v. Eileen Becker, 366 P.3d 1088 (Idaho 2016).
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Robert Humphries v. Eileen Becker, 366 P.3d 1088 (Idaho 2016). · cites it 8× “” I.C. § 54-2093(1) (emphasis added). Under the “Water” heading in the MLS Listing, Adams wrote “Shared Well.”
Severinsen v. Tueller, 559 P.3d 771 (Idaho 2024). · cites it 2× “In Severinsen’s proposed amended verified complaint, he attempted to add a claim alleging that the Tuellers were vicariously liable for the acts of their real estate agent under Idaho Code section 54-2093 for the agent violating his duties under Idaho Code section 54-2086.”
Wallace v. Heath, 479 P.3d 155 (Idaho 2021). · cites it 4× “No other provision within the Act limits the remedies that are available to buyers or sellers for a real estate agent’s breach of statutory duties.”
Idaho Code § 54-2093(1): 1 case
Robert Humphries v. Eileen Becker, 366 P.3d 1088 (Idaho 2016). “” I.C. § 54-2093(1) (emphasis added). Under the “Water” heading in the MLS Listing, Adams wrote “Shared Well.”
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