Enforcement FAQ
The Commission has adopted a set of Guidelines relating to the interpretation of the Idaho real estate license law.
The Guidelines answer many frequently asked questions. All situations are fact specific, however.
The information presented is not intended to be a substitute for competent legal or other professional advice.
Are real estate agents considered telemarketers for the purpose of the Do Not Call laws?
Yes. Read more about the requirements of Do Not Call, Can-SPAM, and Do Not Fax laws at www.ftc.gov
I have a complaint about an ethics violation. Where do I file my complaint?
Licensees who are members of the National Association of REALTORS® (a private trade organization – not affiliated with the State of Idaho Real Estate Commission) are bound by a Code of Ethics. The REALTOR® Associations follow a grievance and professional standards process to decide complaints of ethics violations. Not all real estate licensees are members of a REALTOR® association. If you have a question about a possible ethics violation, contact www.idahorealtors.com for more information or to find out if an agent is a REALTOR® member.
Does Idaho law require a one-year warranty on all new construction?
There are certain warranties that go along with a builder’s membership in different trade associations, and there are warranties available through third parties, but there is no one-year warranty required by Idaho Code.
Yes, with some reservations. There are real estate licensees who also operate escrow companies, originate loans, and run handyman businesses. They can perform those services for a stand-alone business, and they can also perform services related to transactions where they also act as the real estate licensee. In that case, the licensee must make a written disclosure to both the buyer and the seller, before closing, that he intends to receive a fee for an additional service. Other licensing agencies may impose additional requirements, such as the Department of Finance, Department of Insurance, and others.