2005 Idaho Code - 54-2087 — DUTIES TO A CLIENT

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 20
                        IDAHO REAL ESTATE LICENSE LAW
    54-2087.  DUTIES TO A CLIENT. If a buyer or seller enters into a written
contract for representation in a regulated real estate transaction, that buyer
or seller becomes a client to whom the brokerage and its licensees owe the
following agency duties and obligations:
    (1)  To perform the terms of the written agreement with the client;
    (2)  To exercise reasonable skill and care;
    (3)  To promote the best interests of the client in good faith, honesty
and fair dealing including, but not limited to:
    (a)  Disclosing to the client all adverse material facts actually known or
    which reasonably should have been known by the licensee;
    (b)  Seeking a buyer to purchase the seller's property at a price, and
    under terms and conditions acceptable to the seller and assisting in the
    negotiation therefor; or
    (c)  Seeking a property for purchase at a price and under terms and
    conditions acceptable to the buyer and assisting in the negotiation
    therefor;
    (d)  For the benefit of a client/buyer: when appropriate, advising the
    client to obtain professional inspections of the property or to seek
    appropriate tax, legal and other professional advice or counsel;
    (e)  For the benefit of a client/seller: upon written request by a
    client/seller, requesting reasonable proof of a prospective buyer's
    financial ability to purchase the real property which is the subject
    matter of the transaction. This duty may be satisfied by any appropriate
    method suitable to the transaction or, when deemed necessary by the real
    estate licensee, by advising the client to consult with an accountant,
    lawyer, or other professional as dictated by the transaction.
    (4)  To properly account for moneys or property placed in the care and
responsibility of the brokerage; and
    (5)  To maintain the confidentiality of specific client information as
defined by and to the extent required in this chapter, and as follows:
    (a)  The duty to a client continues beyond the termination of
    representation only so long as the information continues to be
    confidential client information as defined in this chapter, and only so
    long as the information does not become generally known in the marketing
    community from a source other than the brokerage or its associated
    licensees;
    (b)  A licensee who personally has gained confidential client information
    about a buyer or seller while associated with one (1) broker and who later
    associates with a different broker remains obligated to maintain the
    client confidentiality as required by this chapter;
    (c)  If a brokerage represents a buyer or seller whose interests conflict
    with those of a former client, the brokerage shall inform the second
    client of the brokerage's prior representation of the former client and
    that confidential client information obtained during the first
    representation cannot be given to the second client. Nothing in this
    section shall prevent the brokerage from asking the former client for
    permission to release such information;
    (d)  Nothing in this section is intended to create a privileged
    communication between any client and any brokerage or licensee for
    purposes of civil, criminal or administrative legal proceedings.
    (6)  Unless otherwise agreed to in writing, a brokerage and its licensees
owe no duty to a client to conduct an independent inspection of the property
and owe no duty to independently verify the accuracy or completeness of any
statement or representation made regarding a property. Unless otherwise agreed
to in writing, a brokerage and its licensees owe no duty to conduct an
independent investigation of either party's financial ability to complete a
real estate transaction.