Idaho Disclosure Law
Idaho Code §55-2501 requires sellers of residential real property to provide a written Seller's Property Disclosure Form to buyers before or at the time of signing a purchase agreement.
What Must Be Disclosed
Well and Water Issues
A significant portion of Idaho homes use well water. Sellers must disclose known well issues. Buyers commonly request a well flow test and water quality test as conditions of sale. A failing well can be a deal-breaker — address it before listing.
Agricultural Considerations
Properties near farming areas may be subject to Right-to-Farm protections. Disclose any agricultural easements or irrigation water rights associated with the property.
Exemptions
New construction, foreclosure sales, estate transfers, and court-ordered sales are exempt from the Idaho disclosure requirement.
Penalties
Failure to disclose known material defects entitles the buyer to rescind the contract. Idaho courts have consistently upheld buyer rescission rights in cases of seller concealment.
Download the Idaho disclosure form via the Idaho disclosure guide.