Legal Q&A

Q: What obligations does a seller of a home have to a buyer?

A: Under the Idaho Property Condition Disclosure Act, a seller is obligated to complete a standardized form or similar form disclosing pertinent information the seller possess regarding property conditions. Failure to fully disclose may expose a seller to a claim for damages. Additionally, there is a duty of good faith and fair dealing implied in every contract.

Q: Can I create a permanent easement if I drive across my neighbor's field?

A: In Idaho a prescriptive easement may be created if a person maintains continuous and open use of another's property for a twenty-year period. However, if a landowner gives permission for use, no prescriptive easement can be created.