Recent Answers to Idaho Law Questions
I live in Boise, Idaho. I had my basement flood in May, 2025, due to a clogged irrigation ditch that runs on the east side of my property. I claim the ditch association did not do their job to keep it unclogged; they claim they have no liability or responsitility. I want to recover my losses, which amount to over $ 40,000.00, plus all the work we have gone to to clean up the damage caused from the flooding. What will this cost me to get legal representation.
Property Damage
93a Demand Letter
Idaho
I had my home flooded from a clogged irrigation ditch. I claim the the ditch association was negligent in not keeping the ditch cleaned out and inspecting in regularly. The ditch rider went out of town and did not get anyone else to do his job.
Benjamin E.
Hello! Thank you for sharing, and I'm sorry to hear about the flood. This sounds like a fairly straightforward negligence claim, and one that I would be happy to represent you in. I charge an up-front retainer that I bill against as we move through the process, starting with a demand letter and moving toward litigation and/or settlement as needed. I'd be happy to set up a free consultation with you to discuss further, including estimated costs and what the process looks like. I hope to hear from you soon and look forward to talking with you more!
The difference between Maintenance and Warranty on an RV
Contracts
Contract For Sale And Purchase
Idaho
We have a contract with a couple that we are leasing to own/rent to own a fifth wheel camper. In the contract it states that we are responsible for all maintenance for the term of the contract. My definition of maintenance is repairs like flooring, hinges, paint, etc. Things we can fix our self's. The issue is the RV has electrical issues, AC going out, Awning separating from RV. These issues require a dealer to fix. Way beyond what we can do. I need to know how to proceed?
Howard B.
I'm an Oklahoma attorney and not an Idaho attorney, so I am simply providing information about the general theory of contracts. For a more detailed response, you need to talk to an attorney in the place where the contract states for its choice of law. If your contract does not state a choice of law, it is possible the place where you live is not actually the law that applies to the contract. The law of the place where the buyers are located might apply. Typically, the words in a contract are to be interpreted in their usual and customary way and not in any technical way, unless the contract indicates otherwise. So, the dictionary meaning of "maintenance" may well be applied. I see two definitions in Merriam-Webster, both of which are not helpful to you because they are broad, not distinguishing between "maintenance" stuff like replacing brake shoes in a trailer's electric drum brake system and fixing or replacing broken things like an A/C unit that simply died after running non-stop during a heat wave. There may be some case law on this in the correct jurisdiction. Your really need to talk to a local attorney and show them the contract you have.
Who do I submit my operating agreement to?
Business
LLC Operating Agreement
Idaho
I understand that for a LLC for rental property, liabilty protection, an operating agreement is good. However, once this is completed, what do you do with the agreement to ensure your protected? Does it get filed with the State of the LLC or is it something that can just be filed away at home. It seems it would need to be filed or someone could just change the agreement at home dependent on any situation that came up to protect themselves better which seem like fraud.
T. Phillip B.
The operating agreement is just one of the many things you need to do to show that you are treating this LLC as separate from you personally. With that being said, you will put the operating agreement into a records books with other things like your articles of organization, other government filings, membership ledger, etc. Then keep it at the primary place of business.