Idaho Brokerage Representation (Agency Law)
Area IV is 20% of the exam. The Idaho Real Estate Brokerage Representation Act, Idaho Code 54-2082 through 54-2097, replaces the common law of agency for regulated real estate transactions.
How representation is created — and how it is not
Idaho Code 54-2084(1) provides that a buyer or seller is not represented unless the buyer or seller and the brokerage agree in a separate written document, and that no representation may be assumed or created orally or by implication. The four recognized relationships are nonagency, agency representation, limited dual agency, and limited dual agency with assigned agents. Neither the Commission's brochure nor the representation confirmation creates a relationship (54-2085(6)), and neither does an agreement to pay compensation (54-2089).
Two disclosure clocks
Idaho runs two separate deadlines and the exam tests both. Under 54-2085(1) the licensee gives a prospective buyer or seller the Commission's agency disclosure brochure at the first substantial business contact, and the brokerage keeps a signed dated record of receipt. Under 54-2085(3) the relationship must be determined and all necessary agreements executed no later than the preparation of a purchase and sale agreement, with the relationship disclosed to both sides no later than the preparation or presentation of that agreement. The written representation confirmation then rides on the agreement itself under 54-2085(4).
Duties to customers and to clients
A customer is owed the non-waivable duties of 54-2086: ministerial acts performed with honesty, good faith, reasonable skill and care, proper accounting, and disclosure of all adverse material facts actually known or that reasonably should have been known. A client is owed the duties of 54-2087, including performance of the written agreement, reasonable skill and care, timely presentation of all written offers, promotion of the client's best interests, proper accounting, and confidentiality. Under 54-2094 those client duties are statutory and expressly NOT fiduciary unless greater duties are agreed in writing.
Limited dual agency, assigned agency and termination
Section 54-2088 permits a brokerage to represent both sides only as a limited dual agent and only with express written consent containing the statutory language. A limited dual agent may not disclose that a buyer will pay more, that a seller will accept less, the parties' motivating factors, or that either will take different price or financing terms. Separate sales associates may be assigned to each client, but the designated broker may not act as an assigned agent and remains a limited dual agent with a duty to supervise. Under 54-2091 the relationship ends at performance, agreement or expiry, and under 54-2092 only accounting and confidentiality survive.
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State-specific details
State exam facts
- State regulator
- Idaho Real Estate Commission
- Exam vendor
- Pearson VUE
- Prelicensing education
- 180 classroom hours (90 salesperson + 90 broker)
- Passing score
- 75 scaled score (0-100 scale, not a percentage)
- Scored questions
- 130
- Time limit
- 240 minutes
Who regulates real estate brokers in Idaho?
The Idaho Real Estate Commission licenses brokers and salespersons. Idaho Code 54-2005 creates the Commission inside the Division of Occupational and Professional Licenses, with five governor-appointed members, and 54-2007 charges it with enforcing the license law and making the rules. The Commission contracts with Pearson VUE to deliver the exams.
What education and experience do I need before the Idaho broker exam?
Idaho Code 54-2022 requires 90 classroom hours of prelicense education for a salesperson and a minimum of 90 additional classroom hours for a broker or associate broker, 180 in all. Idaho Code 54-2012(2)(a) then requires two years of full-time active experience as a licensed salesperson within the five years immediately preceding application. A designated broker must also complete a Commission-approved business conduct and office operations (BCOO) course within the three years before being designated.
How is the Idaho broker exam structured?
130 scored items: an 80-item national/general portion in 150 minutes and a 50-item Idaho state portion in 90 minutes, four hours in total, plus 5-10 unidentified pretest items in each portion. The Idaho state portion for brokers is weighted 4% Commission duties, 4% licensing, 30% license law and rules, 20% agency, 10% calculations and closing costs, 12% Idaho principles and practices, and 20% brokerage management - the last of which is broker-only and does not appear on the salesperson exam at all.
What score do I need to pass, and can I retake just one portion?
Idaho reports a scaled score on a 0-100 scale, which the candidate handbook says must not be read as the percentage of questions answered correctly. The passing point is 75 for the broker examination and 70 for the salesperson examination. A candidate who passes one portion and fails the other retakes only the failed portion, provided it is passed within one year of the date of the passed portion.
Sources: https://dopl.idaho.gov/rec/, https://www.pearsonvue.com/us/en/id/realestate.html, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/091300.pdf, https://www.pearsonvue.com/content/dam/VUE/vue/en/documents/publications/091306.pdf, https://legislature.idaho.gov/statutesrules/idstat/Title54/T54CH20/
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