Property condition disclosure required.
Any person who intends to transfer any residential real property, including nonowner occupied rental property, on or after July 1, 1994, by any of the methods as set forth herein shall complete all applicable items in a property disclosure form prescribed under section 55-2508, Idaho Code. Except as provided in section 55-2505, Idaho Code, this chapter applies to any transfer by sale, exchange, installment sale contract, a lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of real property improved with or consisting of not less than one (1) nor more than four (4) dwelling units.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 2002–2025 · leading case:
Lindberg v. Roseth, 46 P.3d 518 (Idaho 2002).
Lindberg v. Roseth, 46 P.3d 518 (Idaho 2002).
· cites it 2× “— Subject to section 55-2504, Idaho Code, if a transferee of residential real property receives a property disclosure form or an amendment of that form as described in section 55-2508, Idaho Code, after the transferee has entered into a transfer agreement with respect to the…”
White v. Mock, 104 P.3d 356 (Idaho 2004).
· cites it 2× “Under the Property Condition Disclosure Act, rescission by the transferee is allowed: Subject to section 55-2504, Idaho Code, if a transferee of residential real property receives a property disclosure form or an amendment of that form as described in 55-2508, Idaho Code, after…”
James v. MERCEA, 277 P.3d 361 (Idaho 2012).
· cites it 2× “The form signed by the Mereeas in this case included the following: “ADDITIONAL REMARKS AND/OR EXPLANATIONS SECTION: Please list any other existing problems that you know of concerning the property including legal, physical, product defects or others that are not already listed.”
McOmber v. Thompson, 572 P.3d 736 (Idaho 2025).
· cites it 2× “” I.C. §§ 55-2504, 55-2506. Sellers are not held liable, however, for errors, inaccuracies, or omissions made on the disclosure form that are “not within the personal knowledge of the transferor[.”
VanRenselaar v. Batres, 575 P.3d 866 (Idaho 2025).
· cites it 2× “The Disclosure Act provides that sellers who willfully or negligently fail to comply with the act are liable to the seller in the amount of actual damages.”
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