2005 Idaho Code - 54-2094 — REPRESENTATION NOT FIDUCIARY IN NATURE

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 20
                        IDAHO REAL ESTATE LICENSE LAW
    54-2094.  REPRESENTATION NOT FIDUCIARY IN NATURE. 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.