Idaho Statutes
§ 54-2094 — REPRESENTATION NOT FIDUCIARY IN NATURE
Idaho § 54-2094
This text of Idaho § 54-2094 (REPRESENTATION NOT FIDUCIARY IN NATURE) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Idaho Code § 54-2094 (2026).
Text
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.
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Related
Berkshire Investments, LLC v. Taylor
278 P.3d 943 (Idaho Supreme Court, 2012)
Taylor v. Maile
127 P.3d 156 (Idaho Supreme Court, 2005)
Kuhn v. COLDWELL BANKER LANDMARK, INC.
245 P.3d 992 (Idaho Supreme Court, 2010)
Legislative History
[(54-2094) 54-2072, added 1996, ch. 250, sec. 1, p. 791; am. and redesignated 2000, ch. 285, sec. 16, p. 958.]
Nearby Sections
15
§ 54-1001
DECLARATION OF POLICY§ 54-1003
ADMINISTRATOR AUTHORITY§ 54-1003A
DEFINITIONS§ 54-1004
INSPECTION OF ELECTRICAL INSTALLATIONS — NOTICE OF CORRECTIONS — DISCONNECTING ELECTRICAL SERVICE§ 54-1006
IDAHO ELECTRICAL BOARD§ 54-1007
ISSUANCE OF LICENSES — RECIPROCITY§ 54-1008
DURATION OF LICENSE§ 54-101
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Bluebook (online)
Idaho § 54-2094, Counsel Stack Legal Research, https://law.counselstack.com/statute/id/54-2094.