Idaho Agency and the Representation Disclosure
Idaho's Real Estate Brokerage Representation Act defines how licensees represent consumers and requires an Agency Disclosure Brochure early in the relationship. This chapter covers disclosure timing, limited dual agency, and nonagency.
The Agency Disclosure Brochure
Idaho requires a licensee to give the consumer the Agency Disclosure Brochure at the first substantial business contact, before eliciting or receiving confidential information. The brochure explains seller agency, buyer agency, limited dual agency, and nonagency so the consumer understands the options before negotiating.
Limited Dual Agency
When a brokerage represents both buyer and seller in the same transaction, Idaho treats it as limited dual agency, allowed only with the written consent of both parties. The brokerage cannot fully advocate for either side and must keep each party's confidential information private. Idaho also allows assigning separate licensees to each party under a written consent framework.
Nonagency and Written Agreements
Representation in Idaho is created by a written agreement. Without one, a licensee is generally a nonagent, but still owes honesty, reasonable care, and disclosure of adverse material facts the licensee knows. Confirming the relationship in writing prevents consumers from being misled about whether the licensee represents them.