Category Archives: LAND SALES

A Real Estate Vendee’s Special Lien Securing the Amount Paid Toward the Purchase Price Does Not Secure Prejudgment Interest

Posted on April 13, 2012 by Wendy Couture

Case: Benz v. D.L. Evans Bank, Docket No. 37814 Court: Supreme Court of Idaho Date Issued: January 25, 2012 Judge: Opinion Author:  J. Eismann Concurring in Opinion:  Burdick, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Does … Continue reading →

Posted in Hon. Joel D. Horton, OPINION AUTHOR, PROPERTY SECURITY, Scott Lindstrom, SUMMARY AUTHOR, Vendee's Special Lien, Vendee's Special Lien | Comments Off

A Representation Agreement Authorizing the Absolute Auction of Property Satisfies the Statute of Frauds

Posted on December 12, 2011 by Wendy Couture

Case: Wakelum v. Hagood, Docket No. 36940       Court: Idaho Supreme Court Date Issued:    October 28, 2011 Justices: Opinion Author:  J. Jones, Justice Concurring in Opinion:  Burdick, Chief Justice; Eismann, Justice; W. Jones, Justice; and Horton, Justice Issue: Does a Representation … Continue reading →

Posted in Hon. Jim Jones, IDAHO BUSINESS LAW TOPIC, Idaho Code 9-503, OPINION AUTHOR, Statute of Frauds, SUMMARY AUTHOR, Wendy Couture | Comments Off

An Agreement Requiring a Property Owner to Construct and Maintain “A First Class Shopping Center” on the Property Does Not Require Every Lot to Contain Such a Shopping Center

Posted on December 3, 2011 by Wendy Couture

Case: Jacklin Land Company v. Blue Dog RV, Docket No. 37076 Court: Supreme Court of Idaho Date Issued: June 29, 2011 Justices: Opinion Author: Eismann, Chief Justice Concurring in Opinion: Burdick, Justice; W. Jones, Justice; Horton, Justice Issue: Whether an … Continue reading →

Posted in Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, Jane Gordon, LAND SALES, OPINION AUTHOR, Restrictive Covenants, SUMMARY AUTHOR | Comments Off

CC&R Provisions Apply to Lots if an Agreement Incorporates Them By Reference, Even if an Earlier Amendment to the CC&R’s Rendered Them Inapplicable to the Lots

Posted on December 3, 2011 by Wendy Couture

Case: Jacklin Land Company v. Blue Dog RV, Docket No. 37076 Court: Supreme Court of Idaho Date Issued: June 29, 2011 Justices: Opinion Author: Eismann, Chief Justice Concurring in Opinion: Burdick, Justice; W. Jones, Justice; Horton, Justice Issue: If an … Continue reading →

Posted in CC&Rs, Hon. Daniel T. Eismann, IDAHO BUSINESS LAW TOPIC, LAND SALES, Nolan Sorensen, OPINION AUTHOR, Restrictive Covenants, SUMMARY AUTHOR | Comments Off

By Its Plain Language, A Deed of Trust that Secures “All Additional Amounts Owing to the Lender” Is Not Limited to the “Maximum Amount” Stated in the Deed

Posted on August 24, 2011 by Wendy Couture

Case: The Marina at Black Rock, LLC v. Idaho Independent Bank, Case No. CV 2011 3177 Court: District Court of the First Judicial District of the State of Idaho in and for the County of Kootenai Opinion Title: Memorandum Decision … Continue reading →

Posted in Deed Interpretation, Hon. John T. Mitchell, IDAHO BUSINESS LAW TOPIC, Idaho Trust Deed Act, Non-Judicial Foreclosure, OPINION AUTHOR, PROPERTY SECURITY, Renee Karel, SUMMARY AUTHOR | Comments Off

A Purchase Agreement Provision Providing for the Transfer of Subsequent Proceeds Does Not Merge Into A Warranty Deed

Posted on July 6, 2011 by Wendy Couture

Case: Fuller v. Callister, Docket No. 37035 Court: Supreme Court of Idaho Date Issued:   May 6, 2011 Justices: Opinion Author: R. Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; Horton, Justice Issue:  Whether a purchase agreement provision … Continue reading →

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, Jeff Street, LAND SALES, Merger | Comments Off

A Purchaser is Not Unjustly Enriched If It Pays a Lower Price for Property Subject to Restrictive Covenants and Then Sells The Property for a Profit to Another Purchaser Who Can Condemn the Covenants

Posted on July 6, 2011 by Wendy Couture

Case: Harris Family Limited Partnership v. Brighton Investments LLC, Docket No. 36410          Court: Supreme Court of Idaho Date Issued:    March 18, 2011 Judge: Opinion Author:  Justice Joel D. Horton Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; … Continue reading →

Posted in CONTRACTS, Eminent Domain, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, LAND SALES, Luke Howarth, Restrictive Covenants, Unjust Enrichment | Comments Off

The Conveyance of Property Burdened by Restrictive Covenants, with Knowledge that Subsequent Purchasers Intend to Exercise Eminent Domain to Condemn the Covenants, Does Not Breach the Covenants

Posted on July 6, 2011 by Wendy Couture

Case: Harris Family Limited Partnership v. Brighton Investments LLC, Docket No. 36410          Court: Supreme Court of Idaho Date Issued:    March 18, 2011 Judge: Opinion Author:  Justice Joel D. Horton Concurring in Opinion:  Eismann, Chief Justice; Burdick, Justice; J. Jones, Justice; … Continue reading →

Posted in Aaron Hooper, CONTRACTS, Eminent Domain, Good Faith & Fair Dealing, Hon. Joel D. Horton, IDAHO BUSINESS LAW TOPIC, LAND SALES, Restrictive Covenants | Comments Off

Although An Eventual Deficiency Judgment May Be Greater Than Contract Damages, the Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Improper Windfall

Posted on June 21, 2011 by Wendy Couture

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading →

Posted in CONTRACTS, Deficiency Judgments, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, PROPERTY SECURITY, Renee Karel, Specific Performance, Specific Performance | Comments Off

Annexation of Property Is A Material Alteration, Which Supports An Award of Specific Performance to the Vendor in a Land Sale Contract

Posted on June 21, 2011 by Wendy Couture

Case: Fazzio v. Mason, Case No. 36068      Court: Idaho Supreme Court Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is an … Continue reading →

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off

Even If the Buyer Has Been Unable to Obtain Financing At the Time of Decision, An Award of Specific Performance to the Vendor in a Land Sale Contract Is Not An Abuse of Discretion

Posted on June 21, 2011 by Wendy Couture

Case: Fazzio v. Mason, Case No. 36068      Court: Supreme Court of Idaho Date Issued:    March 21, 2011 Judges: Opinion Author:  Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; W. Jones, Justice; Horton, Justice Issue: Whether it is … Continue reading →

Posted in CONTRACTS, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Renee Karel, Specific Performance, Specific Performance | Comments Off

A Mere Assignment of a Purchase Agreement, Without a Novation, Does Not Relieve the Assignor of Its Obligations Under The Agreement

Posted on June 16, 2011 by Wendy Couture

Case: Fuller v. Callister, Docket No. 37035 Court: Supreme Court of Idaho Date Issued:    May 6, 2011 Justices: Opinion Author: R. Burdick, Justice Concurring in Opinion: Eismann, Chief Justice; J. Jones, Justice; Horton, Justice Issue: Whether the assignment of a … Continue reading →

Posted in Assignment, Assignment, Hon. Roger S. Burdick, IDAHO BUSINESS LAW TOPIC, LAND SALES, Novation, Novation, Van Lityouvong | Comments Off