Idaho Sellers' Exempt Property Condition Disclosure

Under Idaho Code § 55-2505, certain property transfers are exempt from the disclosure requirement for residential properties. The seller uses this form to identify the applicable exemption and certify that the property is exempt from the standard seller disclosure requirement. 

What Are The Exemptions to Providing the Sellers' Residential Property Condition Disclosure?

Yes, please review the civil code for the most current list. 

1. A transfer pursuant to court order including, but not limited to, a transfer ordered by a probate court during the administration of a decedent’s estate, a transfer pursuant to a writ of execution, a transfer by a trustee in bankruptcy, a transfer as a result of the exercise of the power of eminent domain, and a transfer that results from a decree for specific performance of a contract or other agreement between persons
2. A transfer to a mortgagee by a mortgagor by deed in lieu of foreclosure or in satisfaction of the mortgage debt
3. A transfer to a beneficiary of a deed of trust by a trustor in default
4. A transfer by a foreclosure sale that follows a default in the satisfaction of an obligation secured by a mortgage
5. A transfer by a sale under a power of sale following a default in the satisfaction of an obligation that is secured by a deed of trust or another instrument containing a power of sale occurring within one (1) year of foreclosure on the default
6. A transfer by a mortgagee, or a beneficiary under a deed of trust, who has acquired the residential real property at a sale conducted pursuant to a power of sale under a mortgage or a deed of trust or who has acquired the residential real property by a deed in lieu of foreclosure
7. A transfer by a fiduciary in the course of the administration of a decedent’s estate, a guardianship, a conservatorship, or a trust
8. A transfer from one (1) co-owner to one (1) or more other co-owners
9. A transfer made to the transferor’s spouse or to one (1) or more persons in the lineal line of consanguinity of one (1) or more of the transferors
10. A transfer between spouses or former spouses as a result of a decree of divorce, dissolution of marriage, annulment, or legal separation or as a result of a property settlement agreement incidental to a decree of divorce, dissolution of marriage, annulment, or legal separation
11. A transfer to or from the state, a political subdivision of the state, or another governmental entity
12. A transfer that involved newly constructed residential real property that previously has not been inhabited, except that disclosure of annexation and city service status shall be declared by the sellers of such newly constructed residential real property in accordance with the provisions of section 55-2508, Idaho Code
13. A transfer to a transferee who has occupied the property as a personal residence for one (1) or more years immediately prior to the transfer
14.  A transfer from a transferor who both has not occupied the property as a personal residence within one (1) year immediately prior to the transfer and has acquired the property through inheritance or devise;
15. A transfer by a relocation company to a transferee within one (1) year from the date that the previous owner occupied the property
16. A transfer from a decedent’s estate

How Can I Get a Copy of the "Idaho Sellers' Exempt Property Condition Disclosure" form?

We will provide you a copy of any Idaho disclosure form for free upon submitting a flat fee MLS listing through our website. We charge a low, one-time flat fee to list your home on the MLS.

Return to Idaho Real Estate Disclosure Requirements