Guides / Seller Disclosure Laws / Idaho

Seller Disclosure Laws in Idaho

Seller's Property Condition Disclosure Form (statutory form codified at Idaho Code Section 55-2508; commonly distributed by Idaho REALTORS as form RE-25)Idaho Code Title 55, Chapter 25 - the "Property Condition Disclosure Act," Sections 55-2501 through 55-2519 (key sections: 55-2501 short title/purpose, 55-2505 exemptions, 55-2506 alternative form, 55-2508 mandatory form language, 55-2509 timing/delivery, 55-2514 buyer rescission right, 55-2517 seller liability standard).

Idaho is NOT a caveat emptor state for most residential sales - it has a real, statutorily codified mandatory disclosure regime, the Property Condition Disclosure Act (Idaho Code Title 55, Ch. 25, enacted 1994, last substantively amended 2002; no changes found in the 2025 or 2026 legislative sessions). Sellers of residential real property with 1-4 dwelling units (including individually-owned condo-type units in larger structures, and mixed residential/commercial property) must complete the exact statutory disclosure form (or an approved alternative under Section 55-2506) and deliver a signed, dated copy to the buyer or the buyer's agent within 10 calendar days of the seller's acceptance of the buyer's offer (Section 55-2509). That said, the duty is knowledge-based, not warranty-based: the form must state disclosures are "true and correct to the best of Seller's knowledge" and explicitly says it is "not a warranty of any kind," so in that narrower sense it functions more like a modified/qualified disclosure duty than a full guarantee of condition - closer to true caveat emptor jurisdictions than states with strict inspection-based warranty duties, but still a real, enforceable, codified obligation rather than "no disclosure required."

Key Disclosures

Exemptions

Recent Changes

No substantive amendments to Idaho's Property Condition Disclosure Act (Title 55, Chapter 25) were found in the 2025 or 2026 Idaho legislative sessions. The Act was enacted in 1994 (ch. 366) and was last substantively amended in 1997 (ch. 229) and 2002 (ch. 333) - the exemptions list (Section 55-2505) and the statutory form text (Section 55-2508) both reflect that 2002 amendment as the most recent change on record. A search of the 2025 and 2026 Idaho Legislature bill indexes turned up no bills targeting Title 55, Chapter 25 or seller property-disclosure obligations; unrelated real-estate-adjacent bills did appear (e.g., a 2025 House bill on homeowners' associations), but nothing amending the disclosure statute itself. Users needing certainty on the current session should check legislature.idaho.gov directly, since bill tracking pages update throughout the year.

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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