IDAPA 24.37.01
Real estate professionals:
This rule establishes requirements for real estate licensees including:
This rule also establishes requirements for real estate licensees, providers, and instructors on real estate education including:
This rule implements the following statute passed by the Idaho Legislature:
Professions, Vocations, and Businesses -
Idaho Real Estate Commission
Division of Occupational and Professional Licenses
8 a.m. to 5 p.m., Mountain Time, Monday through Friday, except state holidays
11341 W Chinden Blvd, Bldg 4, Boise, ID 83714
Phone: (208) 334-3233
E-mail: DOPLboardsupport@dopl.idaho.gov
Website: https://dopl.idaho.gov/rec/
This rule chapter will be reviewed in compliance with Section 67-5292, Idaho Code, and in accordance with the 8-year rule review schedule linked here.
24.37.01 – Rules of the Idaho Real Estate Commission
| 000. Legal Authority. | 3 |
|---|---|
| 001. Scope. | 3 |
| 002. – 099.(Reserved) | 3 |
| 100. Licensure. | 3 |
| 101. -- 149.(Reserved) | 4 |
| 150. Education. | 4 |
| 151. -- 199.(Reserved) | 5 |
| 200. Practice standards. | 5 |
| 201. -- 299.(Reserved) | 5 |
| 300. Discipline. | 5 |
| 301. -- 399.(Reserved) | 5 |
| 400. Fees. | 5 |
| 401. -- 999.(Reserved) | 5 |
This chapter is adopted pursuant to Sections 54-2007, 67-2504, 67-2614, 67-9409, and 67-9406, Idaho Code. (7-1-25)
These rules contain the requirements for implementation and enforcement of the Idaho Real Estate License Law, the Idaho Real Estate Brokerage Representation Act, and the Subdivided Lands Disposition Act, contained in Chapter 20, Title 54, or Chapter 18, Title 55, Idaho Code. (3-28-23)
01. Renewal of Expired License. If an active license expires, the licensee must complete and submit with the application an attestation that during the period the license was expired, the licensee either did or did not do or attempt to do any acts described in the definitions of real estate broker or salesperson in Section 54-2004, Idaho Code. (7-1-25)
02. Mandatory Errors and Omissions Insurance. Every licensee will certify such coverage to the Commission in the form and manner prescribed by statute, these rules, and any policy adopted by the Commission. (7-1-25)
03. Insurance Plan. The Commission will make available to all active licensees, subject to terms and availability from a qualified insurance carrier, a policy of Errors and Omissions Insurance under a Group Plan obtained by the Commission. Licensees may obtain errors and omissions insurance independently of the Group Policy available through the Commission, subject, however, to the terms and conditions set forth in these rules. (7-1-25)
a. Insurance Carrier. For the purposes of this section: (7-1-25)
i. Shall maintain an A.M. Best Company rating of B+ or better, and an A.M. Best Financial Size Category of Class VI or higher; (7-1-25)
ii. Is and will remain for the policy term duly authorized by the Idaho Department of Insurance to do business in the state of Idaho as an insurance carrier; and (7-1-25)
iii. Is and will remain for the policy term qualified and authorized by the Idaho Department of Insurance to write policies of errors and omissions insurance in Idaho of the type contemplated by these rules. (7-1-25)
b. Approved Policy. The policy shall cover all activities contemplated under Chapter 20, Title 54, Idaho Code, be subject to such terms and conditions as are customary in the insurance industry for policies of errors and omissions insurance, which are otherwise permissible under Idaho law and the rules of the Idaho Insurance Department, and which are contained in a policy of insurance which has been approved by the Department of Insurance. That policy shall provide, at a minimum, the following terms and conditions:
| Limit Liability Coverage for Each Occurrence Not Less Than | Annual Aggregate Limit Not Less Than | |
|---|---|---|
| Individual License Coverage | $100,000* | $300,000* |
| Firm Coverage | $500,000* | $1,000,000* |
| *Not including costs of investigation and defense |
(7-1-25)
i. A deductible amount of not greater than three thousand five hundred dollars ($3,500), which includes costs of investigation and defense; (7-1-25)
ii. A policy period equal to each licensee's two (2) year license renewal date or the prorated equivalent, or, if an annually renewable policy, a statement of the policy period, and in either case, the policy shall provide for continuous coverage during the policy period; (7-1-25)
iii. An extended reporting period per insured of at least ninety (90) days following termination of the policy period; and (7-1-25)
iv. Prior acts coverage shall be offered to licensees with continuous past coverage. (7-1-25)
04. Failure To Maintain Insurance. Failure of a licensee to obtain and maintain insurance coverage required by Section 54-2013, Idaho Code, regardless whether coverage is later obtained and made retroactive by the carrier, will result in denial or inactivation of any active license and will be deemed insufficient application for licensure under Section 67-5254, Idaho Code. A late insurance renewal is considered failure to maintain insurance. Failure to maintain insurance shall be grounds for disciplinary action. (7-1-25)
05. Falsification Of Certificates. Any licensee who, acting alone or in concert with others, willfully or knowingly causes or allows a certificate of coverage to be filed with, or produced to, the commission which is false, fraudulent, or misleading, will be subject to disciplinary action, including but not limited to suspension or revocation of license, in accordance with Chapter 52, Title 67, Idaho Code; provided, however, that nothing herein will entitle such licensee to notice and hearing on the automatic inactivation of license. (7-1-25)
101. -- 149. (RESERVED)
01. Education Records Access. As provided for in Section 74-106, Idaho Code, the Commission may enable a designated broker to access and review the education records of any licensee currently licensed with the broker. (7-1-25)
02. Approved Topics For Continuing Education. (7-1-25)
a. Topics Not Eligible for Continuing Education Credits. Topics which are specifically exam preparation in nature or not directly related to real estate brokerage practice will not be eligible for approval. (7-1-25)
03. Minimum Teaching Standards. All courses offered for credit by a certified provider will be taught in accordance with the standards and written policies adopted by the Real Estate Commission. Course instructors will conduct themselves in a professional manner when performing instructional duties and will not engage in conduct that criticizes, degrades, or disparages the Commission, any student, other instructor, brokerage, agency, or organization. (7-1-25)
a. Certification Requirement. A course required to be taught by a Commission-certified or Commission-approved instructor will be taught only by an instructor that is currently approved or certified for that course. (7-1-25)
b. Outlines and Curriculum. A course must be taught in accordance with the course outline or curriculum approved by the Commission. (7-1-25)
c. Attendance Requirement. The course instructor will adhere to the Commission's written attendance policy and credit hours will only be submitted for students who have successfully met the attendance requirements for which the course was approved. (7-1-25)
d. Maintaining Exam Security. The instructor will take reasonable steps to protect the security of course examinations and will not allow students to retain copies of final course examinations or the exam answer key. (7-1-25)
e. Use of Exam Questions Prohibited. The instructor will not obtain or use, or attempt to obtain or use, in any manner or form, Idaho real estate licensing examination questions. (7-1-25)
151. -- 199. (RESERVED)
01. Electronic Signatures. Electronic signatures are permissible in accordance with the Uniform Electronic Transactions Act, Title 28, Chapter 50. (7-1-25)
02. Disputes Concerning Commissions and Fees. The Idaho Real Estate Commission will not be involved in the resolution of disputes between licensees or between licensees and buyers and sellers concerning matters of commissions or fees. (7-1-25)
03. Legal Opinions. A broker or sales associate will not discourage any party to a real estate transaction from seeking the advice of an attorney. (7-1-25)
201. -- 299. (RESERVED)
Any violation of these rules, or of any provision of Chapter 20, Title 54, or Chapter 18, Title 55, Idaho Code, is sufficient cause for disciplinary action as prescribed in Sections 54-2059, 54-2060, or 55-1811, Idaho Code. (7-1-25)
301. -- 399. (RESERVED)
License and other fees:
| Initial License | Renewal | Late Fee | Other | |
|---|---|---|---|---|
| Broker | $135 | $135 | $25 | |
| Salesperson | $135 | $135 | $25 | |
| Business Entity | $50 | $50 | $25 | |
| Branch Office | $50 | $50 | $25 | |
| Cooperative License | $100 | |||
| Education or License History | $10 | |||
| License Certificate | $15 |
(7-1-25)
401. -- 999. (RESERVED)