Key Takeaways
- Idaho requires sellers of residential property to complete the Idaho Seller Property Disclosure Form
- The disclosure form covers material facts about the property's condition
- Lead-based paint disclosure is required for homes built before 1978 (federal law)
- Licensees must disclose known material defects to all parties
- Certain stigmatized property information may not require disclosure under Idaho law
Idaho Disclosure Requirements
Idaho has specific disclosure requirements for both sellers and licensees in real estate transactions.
Seller Property Disclosure
Idaho law requires sellers of residential property to provide the Idaho Property Condition Disclosure Form to buyers.
Required Disclosures
The seller must disclose information about:
| Category | Examples |
|---|---|
| Structural | Foundation, roof, walls, floors |
| Systems | HVAC, plumbing, electrical, water heater |
| Water | Source, quality, well information |
| Sewer/Septic | Type, condition, maintenance |
| Environmental | Flooding, soil issues, hazardous materials |
| Legal | Easements, boundaries, zoning, HOA |
Disclosure Form Requirements
| Requirement | Details |
|---|---|
| When provided | Before buyer signs purchase agreement |
| Who completes | Seller (not the licensee) |
| Accuracy | Must be accurate to seller's knowledge |
| Updates | Must update if conditions change |
Seller Response Options
For each item, sellers typically respond:
- Yes - The condition exists or there is a problem
- No - No known issues
- Unknown - Seller doesn't know
- N/A - Not applicable to this property
Important: Sellers are only required to disclose what they actually know. They are not required to inspect or investigate.
Exemptions from Seller Disclosure
Certain transactions are exempt from the seller disclosure requirement:
| Exemption | Reason |
|---|---|
| Foreclosure sales | Bank-owned properties |
| Court-ordered sales | Estate sales, bankruptcy |
| Transfer between relatives | Family transactions |
| New construction | Builder warranties apply |
| Transfers without consideration | Gifts |
Note: Even exempt sellers should disclose known material defects to avoid liability.
Licensee Disclosure Duties
Regardless of what sellers disclose, licensees have independent duties to disclose:
Material Facts
Licensees must disclose known material facts that:
- Could affect the property's value
- A reasonable person would want to know
- Are not readily apparent
What IS a Material Fact?
| Material Facts | Examples |
|---|---|
| Physical defects | Foundation issues, roof leaks, water damage |
| Environmental hazards | Mold, asbestos, contamination, flooding |
| Legal issues | Zoning violations, liens, boundary disputes |
| System failures | Non-functioning HVAC, plumbing problems |
Duties to Different Parties
| Party | Licensee Duty |
|---|---|
| Own client | Full disclosure of all material facts |
| Other party | Disclose known material defects |
| All parties | Honesty, no misrepresentation |
Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | Provide EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (can be waived) |
| Form | Lead-Based Paint Disclosure form required |
Federal Law: Lead-based paint disclosure applies in ALL states for pre-1978 homes.
Stigmatized Property
Idaho law addresses certain types of stigmatized property:
Generally NOT Required to Disclose
| Stigma | Status |
|---|---|
| Deaths on property | Generally not required |
| Alleged hauntings | Not required |
| HIV/AIDS of prior occupant | Protected by law |
Required if Asked
If a buyer specifically asks about a stigma and the licensee knows the answer, they should:
- Answer honestly
- Or decline to answer and suggest buyer research independently
Best Practice: When in doubt about disclosure, consult with your broker or legal counsel.
Disclosure Timing
| Disclosure | When |
|---|---|
| Brokerage Representation | Before confidential information disclosed |
| Seller Property Condition | Before buyer signs purchase agreement |
| Lead-Based Paint | Before buyer signs purchase agreement |
| Known Material Defects | As soon as discovered |
Who is responsible for completing the Idaho Property Condition Disclosure Form?
When must the Property Condition Disclosure Form be provided to the buyer?
Which type of property sale is typically EXEMPT from seller disclosure requirements in Idaho?
Under federal law, how many days does a buyer have to inspect for lead-based paint in a pre-1978 home?