Idaho State Statutes - Idaho Attorney Directory

CIVIL REMEDY. 1. Every disposition made in violation of any of
the provisions of this act, or of any order issued by the commission under any
of the provisions of this act, shall be voidable at the election of the
purchaser. The person making such disposition, and every director, officer,
salesman, or agent of or for such person who shall have participated or aided
in any way in making such disposition, shall be jointly and severally liable
to such purchaser in any action at law in any court of competent jurisdiction
for the consideration paid for the lot, parcel, unit, or interest, together
with interest at the rate of six per cent (6%) per year from the date of
payment, property taxes and assessments paid, court costs, and reasonable
attorney's fees, less the amount of any income received from the subdivided
lands, upon tender of appropriate instruments of reconveyance made at any time
before the entry of judgment. If the purchaser no longer owns the lot, parcel,
unit, or interest in subdivided lands, he may recover the amount that would be
recoverable upon a tender of a reconveyance less the value of the land when
disposed of and less interest at the rate of six per cent (6%) per year on
that amount from the date of disposition.
2. No action shall be brought under this section for the recovery of the
consideration paid after five (5) years from the date of such disposition.
3. Any stipulation or provision purporting to bind any person acquiring
subdivided lands to waive compliance with this act or any rule or regulation
or order under it is void.
4. The rights and remedies provided by this act shall be in addition to
any and all other rights and remedies that may exist at law or in equity.

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