Idaho Agency Disclosure Brochure

If you are buying a home in Idaho, one of the first documents you will be asked to review is the Idaho Agency Disclosure Brochure. This brochure is required by Idaho law and is designed to help you understand how real estate relationships work before you share personal or financial information.

At Real Estate Two70, we believe informed clients make better decisions. This page explains what the Agency Disclosure Brochure is, why it exists, and what each section means for you as a home buyer.

What Is the Idaho Agency Disclosure Brochure?

The Idaho Agency Disclosure Brochure is not a contract. It is an educational document required by the Idaho Real Estate Commission that explains the duties a real estate brokerage and its licensees owe to consumers.

These duties are defined by the Idaho Real Estate Brokerage Representation Act and cannot be changed, removed, or waived—even if you agree to do so. The brochure must be provided before a brokerage discusses personal details with you .

Its purpose is simple: to make sure you understand how representation works before you decide whether to become a client.

Why Is This Brochure Required by Law?

Idaho law requires real estate brokerages to disclose agency relationships so consumers clearly understand:

  • Who represents whom
  • What duties are owed
  • What protections exist (and which do not)
  • When confidentiality applies

This requirement protects buyers and sellers by preventing misunderstandings about loyalty, confidentiality, and advocacy in real estate transactions .

Understanding “Agency” in Idaho Real Estate

Agency refers to the relationship between a real estate brokerage and a consumer in a transaction. The duties you receive depend on whether you are considered a Customer or a Client.

Customer vs. Client: What’s the Difference?

Customers

All consumers are initially treated as Customers. As a Customer, a brokerage owes you the following duties:

  • Honesty and good faith
  • Reasonable skill and care
  • Disclosure of known or reasonably knowable adverse material facts
  • Proper accounting of money or property received

If you sign a compensation agreement, you may still be a Customer. In that case, the brokerage must also be available to present and receive written offers and counteroffers.

Important: As a Customer, the brokerage is not required to keep your information confidential or protect your negotiating position. To receive those protections, you must become a Client .

Clients

You become a Client only after signing a written representation agreement. Clients receive more extensive duties, including:

  • Promotion of your best interests in good faith
  • Honest and fair dealing
  • Confidentiality of sensitive information, even after the relationship ends
  • Assistance in negotiating price and terms
  • Presentation of offers and counteroffers

These duties exist to ensure your agent is legally obligated to advocate for you—not just facilitate a transaction .

Types of Agency in Idaho

Once you become a Client, Idaho law allows for different types of agency relationships.

Single Agency

Under Single Agency, the brokerage represents only you in the transaction. The brokerage cannot represent the other party and must fully promote your best interests.

  • Buyers receive guidance on price, terms, and professional consultations
  • Sellers receive guidance on marketing, offers, and buyer qualifications

Single Agency provides the highest level of loyalty and advocacy.

Limited Dual Agency

Limited Dual Agency occurs when the brokerage represents both the buyer and the seller in the same transaction. This can happen if:

  • You purchase a property listed by the same brokerage, or
  • The brokerage finds a buyer for its own listing

In Limited Dual Agency, the brokerage must remain neutral and cannot favor one client over the other. Confidential information cannot be shared without permission .

Without Assigned Agents

The brokerage represents both clients equally. No individual agent advocates more strongly for one party.

With Assigned Agents

Each client is assigned a separate agent. Those agents advocate for their assigned client, while the designated broker remains neutral and supervises the transaction.

What This Means for You as a Home Buyer

The Agency Disclosure Brochure ensures you understand:

  • When an agent is required to protect your interests
  • When confidentiality applies
  • What representation options are available
  • How agency affects negotiations and advice

Reviewing this document early helps you make informed decisions about representation before moving forward.

What Happens After You Sign the Agency Disclosure Brochure?

Signing the Agency Disclosure Brochure simply acknowledges that you received and reviewed it. It does not create a representation relationship and does not obligate you to anything.

If you decide you want a brokerage to represent you as a buyer, the next step is signing the RE-14 Buyer Representation Agreement.

That agreement formally establishes your client relationship, outlines services, and explains how your agent will represent your interests throughout the buying process .

Questions About Agency or Representation?

Understanding agency is one of the most important parts of buying a home in Idaho. If you have questions about the Agency Disclosure Brochure or buyer representation, a Real Estate Two70 agent can help explain your options clearly and without pressure.

Contact Real Estate Two70

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