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Mandated DisclosuresSeller_property_condition_disclosureEASY

Margaret inherited a single-family home in Boise from her late father and has listed it for sale. The property is being sold as part of the estate settlement. Her real estate licensee advises her that she may be exempt from completing the Idaho Property Condition Disclosure Form. Which of the following best describes why this exemption may apply?

Correct Answer

B) Estate sales involving transfers from a deceased owner's estate are a recognized exemption under the Idaho Property Condition Disclosure Act

Under Idaho Code § 55-2501 et seq., the Idaho Property Condition Disclosure Act includes specific exemptions, one of which covers transfers made by a personal representative, trustee, conservator, or guardian of an estate—commonly known as estate sales. Because Margaret is selling the property as part of her late father's estate settlement, this statutory exemption may relieve her of the obligation to complete the Property Condition Disclosure Form.

Answer Options
A
The property is a single-family home, which is always exempt from the disclosure requirement
B
Estate sales involving transfers from a deceased owner's estate are a recognized exemption under the Idaho Property Condition Disclosure Act
C
Inherited properties are exempt because the heir has never personally occupied the home
D
Disclosure is not required whenever a licensed agent is involved in the transaction

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Related Topics & Key Terms

Key Terms:

property_condition_disclosureestate_sale_exemptiondisclosure_exemptionsidaho_code_55

Related Concepts

Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.

A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.

Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.

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