Guides / Buyer-Agent Agreements / Idaho

Buyer-Agent Agreements in Idaho

Idaho is a hybrid/nuanced case, not a clean match to either the Texas/California model or the pure New York model. Idaho does NOT have a new, NAR-settlement-driven statute like Texas's SB 1968 (2025) or California's AB 2992 (2024). Instead, Idaho has long had its own pre-existing state license law (Idaho Code §54-2050 and §54-2085, enacted in 2000, amended 2001/2009/2020) that already required written brokerage representation agreements with specific content and required that a brokerage relationship and agreement be documented in writing no later than the preparation of a purchase and sale agreement. Critically, Idaho's own statute does NOT require the agreement to be signed before a buyer tours a home — that stricter timing requirement comes purely from the national NAR settlement's practice change (effective August 17, 2024) and MLS Participant rules, which Idaho REALTORS and MLSs adopted and implemented via updated standard forms (e.g., RE-5, RE-14, RE-15), not via new state legislation. A review of the 2025 Idaho legislative session (bills like HB354, HB266, SB1164, HB149, HB40, HB304, SCR103) shows no bill codifying NAR settlement buyer-agreement requirements into Idaho statute. So: Idaho relies on a combination of (1) its own older, pre-existing license-law content requirements for representation agreements, plus (2) the national NAR settlement/MLS rule for the 'must be signed before touring' timing rule — it has not passed a Texas/California-style statute specifically codifying the NAR settlement's pre-touring written-agreement mandate into state law.

Idaho Code Title 54, Chapter 20 (Idaho Real Estate License Law) — specifically §54-2050 (Brokerage Representation Agreements — Required Elements) and §54-2085 (Disclosure and Writing Requirements — Agency Disclosure Brochure and Representation Confirmation) — effective Idaho's underlying statute is not new: §54-2050 was originally enacted in 2000 and last amended in 2020 (ch. 88) — predating and independent of the NAR settlement. The separate, additional "written agreement before touring homes" requirement comes from the national NAR settlement practice change, effective August 17, 2024, which Idaho brokers must follow via MLS participation rules (not a new Idaho statute).

Requirements

Facts on this page reflect research current as of 2026-07-05. Programs, rates, and laws change — confirm current figures with the relevant state agency before relying on them.

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