Idaho seller disclosures: what you must tell a buyer

The Act is Idaho Code Title 55, Chapter 25. It applies to anyone transferring residential real property with at least one and no more than four dwelling units, including non-owner-occupied rentals. Covered transfers include a sale, exchange, installment sale contract, lease with an option to purchase, any other option to purchase, and a ground lease coupled with improvements (§ 55-2504).

It applies whether or not you use a real estate agent. Selling by owner does not change your disclosure duty.

Section 55-2505 lists transfers the Act does not cover. In summary:

• Court-ordered transfers, such as probate, bankruptcy, eminent domain and specific performance.
• Foreclosure-related transfers, including deeds in lieu, trustee's sales and certain lender resales within a year.
• Transfers by a fiduciary administering an estate, guardianship, conservatorship or trust, and transfers from a decedent's estate.
• Transfers between co-owners, to a spouse or lineal relative, or between spouses under a divorce decree or settlement.
• Transfers to or from a government entity.
• Newly built homes never lived in, though the seller must still disclose annexation and city service status.
• A transfer to a buyer who has lived in the home as a personal residence for a year or more immediately before the transfer.
• A transfer by a seller who has not lived in the home within the past year and acquired it through inheritance or devise.

Exemptions are narrow and fact-specific. If you think one applies, read § 55-2505 and confirm with an attorney. An exemption from the state form does not exempt you from the federal lead rule.

The form's content is set by statute (§ 55-2508). It asks about annexation and city services, included appliances and systems, the roof, foundation, basement water, well, septic, plumbing, drainage, electrical and heating, title issues such as encroachments, easements and zoning violations, hazardous materials and pests, additions or alterations made without permits, and other problems.

The form states that it covers conditions actually known by you, that it is not a warranty of any kind, and that it is not a substitute for inspections the buyer may want (§ 55-2507). You must act in good faith (§ 55-2516).

• Answer from what you actually know. If an answer is unknown, say so. You may use an approximation if it is clearly marked and based on reasonable effort to get accurate information (§ 55-2512).
• You are not liable for an error outside your personal knowledge if you used ordinary care (§ 55-2511).
• If something changes after delivery, such as a new leak, the Act allows you to amend the form (§ 55-2513). Tell the buyer in writing.
• The Act does not relieve you of other disclosure obligations (§ 55-2514).

You must deliver a signed and dated copy of the completed form within 10 days of accepting the buyer's offer. The buyer signs and dates a copy to acknowledge receipt and returns it to you or your agent (§ 55-2509). Delivery can be in person to the other party or their agent, by ordinary or certified mail, or by fax (§ 55-2510). Keep proof of the date the buyer received it.

If the buyer receives the form, or an amendment, after signing the purchase agreement, the buyer may rescind within three business days of receiving it. The rescission must be written, signed and dated, and must identify the specific disclosure the buyer objects to. The buyer has no liability for rescinding and is entitled to the return of any deposits. If you receive no signed notice within the three days, the right is waived (§ 55-2515).

Many sellers complete the form before listing so it is ready to share with interested buyers. That also lets buyers see the disclosures before they make an offer.

A missing disclosure does not by itself void the sale, but anyone who willfully or negligently fails to perform the Act's duties is liable for the buyer's actual damages (§ 55-2517).

Under 40 CFR Part 745, Subpart F (with a parallel HUD rule at 24 CFR Part 35), sellers of most housing built before 1978 must, before the buyer is obligated under the contract:

• Give the buyer the EPA pamphlet Protect Your Family From Lead in Your Home.
• Disclose any known lead-based paint and lead-based paint hazards, with available details on location and condition.
• Provide any available records or reports about lead-based paint in the home.
• Include the Lead Warning Statement in the contract, with signed certifications.
• Give the buyer a 10-day opportunity for a lead inspection or risk assessment, unless the parties agree in writing to a different period or the buyer waives it in writing (40 CFR 745.110).

If the disclosure comes after the buyer makes an offer, you must complete it before accepting the offer and give the buyer a chance to review it (40 CFR 745.107(b)). Keep a signed copy for three years after the sale. The EPA lists exemptions, including zero-bedroom units, housing certified lead-free, and foreclosure sales.

If your home is in a homeowners association, buyers and lenders will usually ask for its governing documents and dues information. The form's other-problems questions may also call for disclosure of things you know about. For how disclosures fit into the whole sale, see /idaho/sell-by-owner/.

This page summarizes the law as of 2026 and is not legal advice. Never skip a required disclosure. Read the statutes and the actual form, and ask an Idaho real estate attorney about your situation.