Key Takeaways

  • Idaho follows the Statute of Frauds requiring real estate contracts to be in writing
  • Valid contracts require offer, acceptance, consideration, legal capacity, and lawful purpose
  • The RE-21 (Idaho Real Estate Purchase and Sale Agreement) is the standard contract form
  • Earnest money must be deposited into the broker's trust account per contract terms
  • Idaho uses the term "escrow" for the closing process, handled by title companies or attorneys
Last updated: January 2026

Idaho Contract Requirements

Idaho real estate contracts must meet specific legal requirements to be valid and enforceable.

Statute of Frauds

Under Idaho's Statute of Frauds, contracts for the sale of real property must be:

  • In writing
  • Signed by the party to be charged (or their authorized agent)

Key Point: Oral agreements to sell real estate are generally unenforceable in Idaho.

Essential Elements of a Valid Contract

ElementDescription
OfferClear proposal with definite terms
AcceptanceUnequivocal agreement to the offer's terms
ConsiderationSomething of value exchanged (usually money)
Legal capacityParties must be competent to contract
Lawful purposeContract cannot be for illegal purposes
In writingRequired for real estate contracts

Standard Idaho Contract Forms

Idaho Association of REALTORS provides standard forms:

FormUse
RE-21Purchase and Sale Agreement (Residential)
RE-23Commercial Real Estate Purchase and Sale Agreement
RE-14Vacant Land Purchase and Sale Agreement
RE-11Residential Listing Agreement
RE-13Buyer Representation Agreement

The RE-21 Form

The RE-21 is the standard residential purchase and sale agreement used in Idaho:

SectionContents
Property descriptionAddress, legal description
Purchase pricePrice and payment terms
Earnest moneyAmount, holder, disposition
FinancingLoan terms, contingencies
ClosingDate, location, costs
TitleInsurance, defects
InspectionsTypes, deadlines, remedies
Inclusions/ExclusionsItems included/excluded
AgencyConfirmation of representation

Important: Licensees should never modify the pre-printed terms of standard forms without proper authorization and understanding of legal implications.

Earnest Money

Earnest money (also called a good faith deposit) demonstrates the buyer's serious intent to purchase.

Handling Requirements

RequirementDetails
Deposit timelinePer contract terms (typically within 3-5 business days)
Where depositedBroker's trust account OR escrow/title company
Who specifiesNamed in the contract
DisbursementPer contract terms or mutual agreement

Earnest Money Disputes

If the parties disagree about who should receive earnest money:

ScenarioAction
Mutual agreementDisburse per written instructions
DisputeHold in trust until resolved
Court orderFollow court instructions
InterpleaderBroker may file interpleader action

Key Rule: Never disburse disputed earnest money without written agreement from all parties or court order.

Contract Contingencies

Contingencies allow parties to exit the contract if certain conditions aren't met:

Common Idaho Contract Contingencies

ContingencyPurpose
FinancingBuyer can cancel if loan not approved
InspectionBuyer can negotiate repairs or cancel
AppraisalProtection if property appraises low
Sale of buyer's homeBuyer must sell current home
TitleClear title must be deliverable

Inspection Contingency

Idaho contracts typically provide for:

ElementDetails
Inspection periodUsually 10-15 days
TypesGeneral, pest, radon, well, septic
OptionsAccept, request repairs, negotiate, cancel
DeadlineMust respond by specified date

Time is of the Essence

Idaho real estate contracts typically include a "time is of the essence" clause:

  • Deadlines are strict and legally binding
  • Missing a deadline may constitute breach
  • Extensions require written agreement from all parties

Exam Tip: Always track deadlines carefully. A missed deadline can result in loss of earnest money or contract termination.

Idaho Closing Process

Idaho uses the term "escrow" for the closing process. Closings are typically handled by:

EntityRole
Title companyMost common in Idaho
Escrow companySome transactions
AttorneyLess common but available

Standard Closing Timeline

StepTypical Timing
Contract acceptanceDay 0
Earnest money due3-5 business days
Inspections10-15 days
Appraisal2-3 weeks
Loan approval3-4 weeks
Closing30-45 days

Common Closing Costs

Buyer Typically PaysSeller Typically Pays
Loan origination feesReal estate commission
Appraisal feeTitle insurance (owner's policy)
Credit reportTransfer taxes (if any)
Lender's title insuranceProrated taxes (pre-closing)
Prepaid itemsRecording fees for deed
Inspection feesHOA transfer fees

Note: Idaho does NOT have a state transfer tax. Closing costs are negotiable between parties.

Contract Termination

Contracts may be terminated by:

MethodDescription
PerformanceBoth parties fulfill obligations
Mutual agreementBoth parties agree to cancel
Contingency failureCondition specified in contract fails
BreachOne party fails to perform
ImpossibilityPerformance becomes impossible

Default and Remedies

If Buyer DefaultsIf Seller Defaults
Seller may keep earnest moneyBuyer may seek specific performance
Seller may sue for damagesBuyer may sue for damages
Contract specifies remediesBuyer may recover earnest money
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Idaho Real Estate Transaction Timeline
Test Your Knowledge

Under Idaho's Statute of Frauds, which statement is TRUE about real estate contracts?

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Test Your Knowledge

What is the standard residential purchase and sale agreement form used in Idaho?

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Test Your Knowledge

Where should earnest money be deposited in an Idaho real estate transaction?

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D