Idaho Real Estate Purchase Agreement

Legal Aspects

An Idaho real estate purchase agreement must contain crucial sections, as we cover below:

Writing Requirement

• Parties – Clearly identify the buyer and seller by legal name, address, and contact information. Indicate if either party can assign the agreement. 

• Property description – Provide the full legal description of the property, the street address, tax parcel number, existing encumbrances, etc. Specify what is included/excluded from sale (appliances, fixtures, personal property, etc.).

• Purchase price – State the agreed upon purchase price and terms for payment. Specify the amount of earnest money deposit, acceptable forms of payment, and treatment of earnest money.

• Closing date – Indicate the target closing date and required actions if closing is delayed. Specify the location of closing.

• Inspections – Provide a timeline for buyers to complete property condition inspections, title commitment reviews, and any other desired inspections. Specify the buyer’s right to cancel based on inspection results.

• Title and possession – Specify a date and time for the transfer of title and possession. Indicate requirements for clear title transfer.

• Prorations – Provide details on utility payments, property taxes, HOA fees, rent, and other typical prorations at closing.

• Contingencies – List any financing, appraisal, or other contingencies to which the contract may be subject. Define the process if contingencies are not satisfied.
• Default – Address remedies available to parties if the other defaults under the terms of the agreement.

• Miscellaneous provisions – Include other standard provisions like attorney fees, notices, and severability. Allow for any desired special stipulations.

• Signatures – Date and signature lines for buyers and sellers. Include real estate agent signatures if applicable.

Required Disclosures

An Idaho real estate purchase agreement typically requires certain disclosures to ensure transparency and protect parties’ interests. Some common disclosures include:

• Location and legal status – The seller must disclose if the property is within an area of city impact or subject to potential annexation. Specify if it receives any city services or has consented to annexation.

• Appliances and systems – The seller must disclose any known material defects in appliances, fixtures, or systems, including microwaves, smoke detectors, pools, HVAC, etc. 

• Property condition – It’s mandatory for the property agent or seller to provide information about any known material defects related to the foundation, walls, roof, plumbing, electrical, drainage, septic, wells, water intrusion, or other aspects of the physical condition.

• Title issues – As a seller, you must reveal easements, encroachments, zoning violations, lot line disputes, or other conditions that may affect your ability to deliver a clear title.

• Pests and materials – Disclose any current pest infestations, past treatments, or known hazardous/dangerous materials on the property, such as lead-based paint, radon gas,, etc.

• Other material facts – The seller is obligated to disclose any other material facts that may reasonably affect the value or desirability of the property.