While this act is intended to abrogate the common law of agency as it applies to regulated real estate transactions, nothing in this act shall prohibit a brokerage from entering into a written agreement with a buyer or seller which creates an agency relationship in which the duties and obligations are greater than those provided in this act. However, unless greater duties are specifically agreed to in writing between the brokerage and a represented client, the duties and obligations owed to a represented client in a regulated real estate transaction are not fiduciary in nature and are not subject to equitable remedies for breach of fiduciary duty.
Idaho Code § 54-2094
Representation not fiduciary in nature
Applied in 1 court decision — leading case Taylor v. Maile (2005)
Most recently applied in Taylor v. Maile (December 2005)
I.C., § 54-2072, as added by 1996, ch. 250, § 1, p. 785; am. and redesig. 2000, ch. 285, § 16, p. 908.
Current official text: Idaho Statutes (Idaho Legislature). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Idaho statutes; confirm against the official source for the current text. Not legal advice.