What disclosures must I make when selling a home in Idaho?
Over the last several years, Idaho has had one of the hottest residential real estate markets in the entire country. The price of the median home sale in Idaho is now over $470,000 (Zillow). If you are selling your home, there are some disclosures that you are required to make under state law. The failure to do so could lead to you facing serious legal liability. Here, our Boise real estate attorney provides an overview of the disclosures that you need to make when selling a home in Idaho.
What to Know About the Seller Property Disclosure Form
Idaho law requires most home sellers to complete what is called a Seller Property Disclosure Form. The document asks you to provide information about the condition of the property, including things like its systems, appliances, and any known defects. The idea is not that your home must be perfect, but that buyers are entitled to honest and accurate information before they make one of the biggest financial decisions of their lives.
Key Point: Residential real estate sellers who intentionally hide issues or fail to complete the form truthfully risk facing lawsuits for misrepresentation.
As a Home Seller, You Should Know: Material Defects Must Be Disclosed
A major part of the disclosure requirement is identifying “material defects.” In plain terms, this means problems that could affect the value of the property or the health and safety of the buyer. For example, a leaky roof, past flooding in the basement, mold issues, or a failing septic system are all considered material. Even if the buyer does not specifically ask, you are still legally obligated to share this information. Failure to disclose can result in the buyer backing out of the sale or suing you after closing.
Key Point: A material defect is defined as something that would likely impact the buyer’s decision to purchase the property. Something minor like a door that is out of alignment and needs to be repaired is not considered to be a material defect. However, something major, such as a foundation that is crumbling and needs tens of thousands of dollars of repairs, is likely a material defect.
What is the Law On Environmental and Neighborhood Issues
In Idaho, disclosures are not limited to the four walls of the home. Sellers also must share information about environmental or neighborhood factors that could affect the property. For instance, if the property is located within a flood zone, subject to wildfire risk, or near hazardous waste sites, that information must be passed on. Likewise, knowledge of disputes over boundary lines, shared driveways, or homeowners’ association (HOA) restrictions must be disclosed. Transparency about these issues helps avoid post-sale conflicts.
Understanding Exemptions and Practical Considerations
There are some limited exemptions to Idaho’s disclosure laws. For example, properties transferred as part of an estate, a foreclosure, or between family members may not require a full disclosure form. However, even in these cases, intentionally hiding known problems can still create liability. Sellers should also remember that disclosures do not replace inspections.
Contact Our Boise, ID Real Estate Attorney Today
At Johnson May, our Boise real estate attorney has the professional experience that you can trust when it matters most. If you have any questions about the disclosures to make when selling a home in Idaho, please do not hesitate to call us now or contact us online for a fully confidential consultation. With offices in Boise and Twin Falls, we serve clients all across the region.
