Idaho Code

Idaho Code § 9-503 (2026)

Transfers of real property to be in writing. 

✓ current as of May 2026
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Transfers of real property to be in writing. 

No estate or interest in real property, other than for leases for a term not exceeding one (1) year, nor any trust or power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared, otherwise than by operation of law, or a conveyance or other instrument in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same, or by his lawful agent thereunto authorized by writing.

Notes of Decisions
Cited in 88 cases (7 in the last 5 years), 1955–2026 · leading case: Callies v. O'NEAL, 216 P.3d 130 (Idaho 2009).
Callies v. O'NEAL, 216 P.3d 130 (Idaho 2009). · cites it 30× “I.C. § 9-503; Lexington Heights Dev., L.L.”
Ogden v. Griffith, 236 P.3d 1249 (Idaho 2010). · cites it 14× “Idaho Code § 9-503 , the statutory codification of the statute of frauds for real estate transactions, states: No estate or interest in real property, other than for leases for a term not exceeding one (1) year, nor any trust or power over or concerning it, or in any manner…”
Papin v. Papin, 454 P.3d 1092 (Idaho 2019). · cites it 4× “§ 55-601; see also I.C. § 9-503 (stating that transfers of real property must be in writing).”
The David & Marvel Benton Trust v. McCarty, 384 P.3d 392 (Idaho 2016). · cites it 8× “I.C. § 9-503. In the following cases the agreement is invalid, unless the same or some note or memorandum thereof, be in writing and subscribed by the party charged, or by his agent.”
Matter of Est. of Kirk, 907 P.2d 794 (Idaho 1995). · cites it 10× “Whether the magistrate's reliance on parol evidence violates the statute of frauds, I.C. § 9-503. 3. Whether the magistrate erred in admitting and relying upon Mrs.”
Margaret H. Wayne Trust v. Lipsky, 846 P.2d 904 (Idaho 1993). · cites it 8× “You cannot "waive" yourself into a contract, particularly a contract for the purchase of real property where the acceptance, under the statute of frauds, I.C. § 9-503, must be in writing and signed by the party to be charged.”
Buku Props. v. Raoel H. Clark, 291 P.3d 1027 (Idaho 2012). · cites it 14× “Did the district court improperly rely on I.C. § 9-503? VI. Did the district court err by granting Buku attorney fees and costs? VII.”
Garner v. Bartschi, 80 P.3d 1031 (Idaho 2003). · cites it 4× “An agreement for the sale of real property must not only be in writing and subscribed by the party to be charged, but the writing must also contain such a description of the property agreed to be sold, either in terms or by reference, that it can be ascertained without resort to…”
Sec. Inv. Fund LLC v. Crumb, 443 P.3d 1036 (Idaho 2019). · cites it 6× “I.C. § 9-503. An easement is an "interest in real property within the meaning of the statute [of frauds] and require[s] a writing subscribed by the grantor in order to be created.”
Erb v. Kohnke, 824 P.2d 903 (Idaho Ct. App. 1992). · cites it 15× “NOTES [1] Idaho Code § 9-503 states: No estate or interest in real property, other than for leases for a term not exceeding one (1) year, nor any trust or power over or concerning it, or in any manner relating thereto, can be created, granted, assigned, surrendered, or declared,…”
Suter v. Suter, 546 P.2d 1169 (Idaho 1976). · cites it 4× “The explicit testimony of both immediate parties enables the finding of fact of a gift to Mr.”
Chavez v. Barrus, 192 P.3d 1036 (Idaho 2008). · cites it 2× “§ 55-601; see also I.C. § 9-503 (stating that transfers of real property must be in writing).”
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