Title 55, PROPERTY IN GENERAL

55-2501. Short title. This chapter may be cited as the "Idaho Property Condition Disclosure Act."

55-2502. Legislative intent. In order to promote the public health, safety and welfare and to protect consumers; it is the purpose of the provisions of this chapter to require sellers of residential real property as defined in this chapter to disclose certain defects in the resid…

55-2503. Definitions. As used in this chapter: (1) "Political subdivision" has the same meaning as provided in section 7-1303, Idaho Code. (2) "Residential real property" means real property that is improved by a building or other structure that has one (1) to four (4) dwelling u…

55-2504. 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 di…

55-2505. Exemptions. The provisions of this chapter do not apply to any transfer of residential real property that is any of the following: (1) A transfer pursuant to court order including, but not limited to, a transfer ordered by a probate court during the administration of a d…

55-2506. Disclosure information. The information required in this chapter shall be set forth on the form set out in section 55-2508, Idaho Code. Alternative forms may be substituted for those set out in section 55-2508, Idaho Code, provided that alternative forms include the disc…

55-2507. Mandatory required disclosure statements. To comply with the provisions of this chapter, a form shall set forth a statement of purpose of the form, including statements substantially similar to the following: (1) The form constitutes a statement of the conditions of the …

55-2508. Disclosure form. The disclosures required by the provisions of this article pertaining to the property proposed to be transferred are set forth in and shall be made on a copy of the following disclosure form or an alternative form as provided in section 55-2506, Idaho Co…

55-2509. Delivery of disclosure form and acceptance. Every transferor shall deliver, in accordance with section 55-2510, Idaho Code, a signed and dated copy of the completed disclosure form to each prospective transferee or his agent within ten (10) days of transferor’s acceptanc…

55-2510. Delivery requirements. The transferor’s delivery under section 55-2509, Idaho Code, of a property disclosure form as described under section 55-2508, Idaho Code, and the prospective transferee’s delivery under section 55-2509, Idaho Code, of an acknowledgement of his rec…

55-2511. Errors, inaccuracies or omissions — Liability of transferor — Delivery of information by public agency — Delivery by experts. (1) Neither the transferor or transferor’s agents shall be liable for any error, inaccuracy or omission of any information delivered pursuant to …

55-2512. Information subsequently rendered inaccurate — Required information unknown or not available. If information disclosed in accordance with this chapter is subsequently rendered inaccurate as a result of any act, occurrence or agreement subsequent to the delivery of the re…

55-2513. Amendment to form. Any disclosure of an item of information in the property disclosure form described in section 55-2508, Idaho Code, may be amended in writing by the transferor of the residential real property at any time following the delivery of the form in accordance…

55-2514. Chapter does not relieve seller or his agent of obligation to disclose other information. Specification of items of information that must be disclosed in the property disclosure form as prescribed under sections 55-2506 and 55-2507, Idaho Code, does not limit and shall n…

55-2515. Rescission by transferee. 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 a…

55-2516. Good faith required. Each disclosure required in this chapter and each act which may be performed in making the disclosure shall be made in good faith. For the purposes of this chapter, good faith means honesty in fact, in the conduct of the transaction.

55-2517. Failure to comply. No transfer, subject to this chapter, shall be invalidated solely because of the failure of any person to comply with any provision of this chapter. However, any person who willfully or negligently violates or fails to perform any duties prescribed by …

55-2518. Duties of real estate licensees unchanged. Nothing contained in this chapter shall in any way limit or reduce the duties that a real estate licensee owes to his or her client or to the general public.