Idaho’s Supreme Court recently issued a new opinion discussing the requirements to form a valid lease agreement. Unfortunately, the case raises as many questions as it answers....more
2/24/2023
/ Commercial Leases ,
Contract Terms ,
Eviction ,
ID Supreme Court ,
Landlords ,
Property Owners ,
Real Estate Investments ,
Real Estate Market ,
Rent ,
Rental Property ,
Residential Leases ,
Tenants
While the Idaho legislature has been making it harder to lose real property rights through carelessness or inaction, the Idaho Supreme Court has been making it easier. In Idaho, and most other states, it has long been the law...more
Two recent opinions of the Idaho Supreme Court, both filed on the same day, concern what the Court described in one those cases as “a sadly familiar story: an oral real estate transaction gone terribly wrong.”...more
Every once in a while we run across a client who asks us to draft their real estate purchase and sale agreement, but then opts to go it alone when it comes time to close the deal. The recent case of Lee v. Willow Creek Ranch...more
The recent Idaho Supreme Court case of Nielson v. Talbot, Docket No. 44864 (Idaho 2018), highlights some risks of dealing in land that has not been surveyed and of using warranty deeds....more
The Idaho Supreme Court provided important lessons to people who deal with rights of first refusal (ROFRs) on real property in its recent decision Mulberry v. Burns Concrete, Inc., No. 45184 (Idaho Feb. 21, 2019). A ROFR is a...more
Anyone who deals with interests in real estate should be aware that Idaho recently adopted a new set of laws governing notaries and acknowledgments. This is important because Idaho law gives special protection to interests in...more
Two recent opinions from the Idaho Supreme Court demonstrate the risks you take when you document a real estate deal without an exact description of the land. In Hoke v. Neyada (Docket No. 43343) (Idaho 2016), the seller of...more
In Idaho, it has long been understood that a secured creditor that has foreclosed a mortgage may be able to also get a judgment against the debtor for the remainder of the debt, if the proceeds of the foreclosure sale are not...more
8/8/2017
/ Appeals ,
Deficiency Judgments ,
Fair Market Value ,
Foreclosure ,
ID Supreme Court ,
Mortgage Lenders ,
Mortgages ,
Personal Guaranties ,
Right of Redemption ,
Secured Debt ,
Security Agreements
A recent case in the Idaho Supreme Court serves as a good reminder that Idaho takes a somewhat unique approach to allocating responsibility for easement maintenance. In Fletcher v. Lone Mountain Road Association, Docket No....more
All buyers of real estate know they need to do their homework. That process is sometimes called “due diligence.” But how much diligence is due? The recent decision of the Idaho Supreme Court in Tiller White, LLC v. Canyon...more
In Liberty Bankers Life Insurance Co. v. Witherspoon, No. 41993, 2016 WL 74987 (Idaho Jan. 6, 2016), the Idaho Supreme Court examined a loan modification agreement in which a lender agreed to release real property from its...more
In Liberty Bankers Life Insurance Co. v. Witherspoon, No. 41993, 2016 WL 74987 (Idaho Jan. 6, 2016), the Idaho Supreme Court examined a loan modification agreement in which the lender agreed to release certain real property...more
In the recent case of Virgil Adams v. Kimberley One Townhouse, released June 22, 2015, the Idaho Supreme Court covered some new ground and revisited some old ground. The case involved a townhouse subdivision governed by a...more
In the case of Cummings v. Stephens released September 19, 2014, the Idaho Supreme Court reiterated some settled rules about when a title insurance company can be found liable for negligence. In the case, a title company...more
In the case of Pocatello Hospital v. Quail Ridge Medical Investor released August 1, 2014, the Idaho Supreme Court covered some new ground and revisited some old ground in ruling that a lease was not modified implicitly by...more
In the case of Wandering Trails v. Big Bite Excavation released June 18, 2014, the Idaho Supreme Court clarified the requirements for piercing the veil of a limited liability company or LLC and thereby imposing liability on...more
In the case of Shinn v. Bd. of Comm’rs of Clearwater Cnty., released June 17, 2014, the Idaho Supreme Court covered some new ground and revisited some old ground....more
In the case of Bank of Idaho v. First American Title released June 17, 2014, the Idaho Supreme Court covered some new ground and revisited some old ground....more
In the case of Robinson v. Mueller released April 1, 2014, the Idaho Court of Appeals covered some new ground and revisited some old ground.
New Ground:
“As between a tenant’s social guest and the landlord--the...more