Real Estate Law in Idaho
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home.
Whether or not you are a property owner or tenant, you have rights under Idaho real estate law. Not all residential and commercial real estate transactions execute perfectly. Sometimes unexpected issues can occur such as property rights, access, liabilities, and more. Furthermore, legal matters involving real estate transactions are often complex and are not just limited to the property owners.
Types of Real Estate Law Disputes
Disputes involving real estate in Idaho are very common and some of them are quite complex. They often require the intervention of the courts. Typically courts are seen as the most biased party. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Idaho property, there are certain steps anyone who is involved must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Idaho property deeds.
For example, a neighbor may feel they have the right to access a portion of your property because a previous owner allowed them to for years. One step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Landlord/Tenant
Disputes often arise when Idaho landlords and tenants cannot agree on repairs, rent arrears, and more. Tenant and landlord laws are very complex and failure to adhere to them can cause either party to violate the rights of the other.
The Idaho Attorney General’s Office (AG) publishes a Landlord and Tenant Manual that compiles the relevant state laws. For example, in comparison to other states, Idaho does not place many restrictions on lease agreements. This allows landlords to set rent and deposit amounts, as well as other provisions of the rental contract, as they see fit. Instead, the AG recommends that tenants not only read their lease carefully, but look into the reputation of a potential landlord. However, landlords must abide by the terms of their own contract, or face potential civil liability. Tenants can sue their landlord for actions such as breach of contract or discrimination.
Contract Breaches
No Idaho real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Idaho without a valid mutually beneficial contract.
Fraud/Omissions
Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with Idaho real estate lawyers to straighten things out.
Under Idaho’s Statute of Frauds, most property transactions have to be in writing. In addition, sellers must be very clear in their description of the property itself. Even with a written contract, Idaho has very strict requirements for proving fraud. The Idaho Supreme Court identifies nine elements to establish fraud, including:
- False statement of a material fact
- The speaker knew the statement was false and had an expectation that the other party would rely on it
- The other party did rely on the statement, resulting in injury or damages
Boundary Lines
Property line disagreements usually occur when adjoining Idaho property owners do not respect property boundaries. Sometimes this is due to a valid misunderstanding between neighbors. Not all property lines are easy to define and property records are not always accurate or easy to understand. Usually, disagreements arise because of fencing, trees, and other boundary line concerns. Though some Idaho property owners feel they can take matters into their own hands, doing so could cause more problems. Court intervention is typically the best way to identify and enforce property lines.
Ownership
Determining the rightful owner of a property in Idaho is not always easy. For instance ownership issues are common when an owner verbally transfers ownership without documentation. Or, when someone bequeaths their real estate to another without going through the proper process. There can also be other parties with ownership rights, such as certain lien holders.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be clear before you can secure a mortgage or financing.
Under Idaho legislation, any unpaid court judgment can result in a lien on all of your real property. The lien may even apply to property you acquire after the judgment. All the creditor has to do is register the judgment with the county recorder. The lien will stay on your property for 10 years in most cases, although some liens can last even longer.
What Should You Do If You Are in a Real Estate Dispute in Idaho?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, it’s best to speak with an experienced Idaho real estate lawyer. Regardless of the issues you are facing, you can benefit from having legal guidance.
Learn About Real Estate Law
Idaho real estate law is quite complex. It is important for you to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney in Idaho
Real estate disputes make up the majority of litigation cases. Still, not all issues require you to go to trial. You should work with Idaho lawyers that have the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Idaho landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Idaho state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
