Carlos is purchasing a duplex in Twin Falls, Idaho. The seller, Diana, completed and delivered the Idaho Property Condition Disclosure Form to Carlos three days after he signed the purchase agreement. Carlos later discovers a significant foundation issue that was not disclosed on the form. Which of the following statements most accurately describes the legal situation under Idaho law?

Correct Answer

B) Diana violated the Idaho Property Condition Disclosure Act because the form must be delivered prior to or at the time of entering into the purchase agreement, and she may face liability for the undisclosed defect

Under Idaho Code § 55-2501 et seq., the seller must complete and deliver the Property Condition Disclosure Form to the buyer prior to or at the time of entering into a purchase agreement. Diana delivered the form three days after the agreement was signed, which violates the statutory timing requirement. Additionally, a known material defect such as a foundation issue must be disclosed on the form. Diana's failure to disclose a known material defect and her late delivery of the form both create potential legal liability.