Key Takeaways
- Alaska requires sellers to provide a property disclosure statement for residential transactions
- The disclosure covers property condition, known defects, and material facts
- Lead-based paint disclosure IS required for pre-1978 homes (federal law)
- Alaska-specific disclosures may include permafrost, access, and environmental conditions
- Licensees must disclose known material defects that affect property value
Alaska Property Disclosures
Alaska requires sellers to provide disclosure of known property conditions to buyers in residential transactions.
Seller Property Disclosure
Disclosure Requirements
Alaska requires sellers of residential property to provide a property disclosure statement covering:
| Category | Items |
|---|---|
| Structural | Foundation, roof, walls, floors, windows |
| Systems | Heating, cooling, plumbing, electrical |
| Water/Sewer | Well, septic, public utilities |
| Environmental | Flooding, contamination, hazards |
| Legal | Easements, encroachments, disputes |
| Other | Known defects, material conditions |
When to Provide
| Timing | Requirement |
|---|---|
| Listing | Seller completes disclosure |
| Before offer | Buyer should receive before making offer |
| Contract contingency | May be condition of purchase agreement |
Seller's Responsibility
The seller must disclose:
- Known defects - Problems seller knows about
- Material conditions - Facts affecting value or desirability
- Prior problems - Issues that have been repaired
Important: Sellers are not required to investigate or discover defects they don't know about. However, they must honestly disclose what they DO know.
Licensee Disclosure Obligations
While sellers disclose what they know, licensees have independent obligations:
Material Defects
Licensees must disclose known material defects that:
- Could affect the property's value
- A reasonable person would want to know
- Are not readily apparent to the buyer
What IS a Material Fact?
| Material Facts | Examples |
|---|---|
| Physical defects | Foundation issues, roof leaks, plumbing problems |
| Environmental hazards | Contamination, flooding history |
| Legal issues | Zoning violations, easements, liens |
| Property condition | Systems not functioning, structural damage |
| Access issues | Road conditions, seasonal limitations |
Alaska-Specific Disclosures
Given Alaska's unique geography and climate, certain conditions are particularly important:
Permafrost Disclosure
| Factor | Consideration |
|---|---|
| What is it | Permanently frozen ground |
| Impact | Can shift, causing foundation problems |
| Areas affected | Much of rural and interior Alaska |
| Disclosure | Known permafrost conditions should be disclosed |
Access Disclosure
| Factor | Consideration |
|---|---|
| Road access | Year-round or seasonal only |
| Water access | River, lake, or ocean access |
| Air access | Some properties accessible only by plane |
| Legal access | Easements, rights-of-way |
Utility Disclosure
| Factor | Consideration |
|---|---|
| Electricity | Grid power, generator, solar |
| Water | Well, public, hauled water |
| Sewer | Septic, public, holding tank |
| Communications | Internet, phone availability |
Environmental Disclosures
| Factor | Consideration |
|---|---|
| Flood zone | FEMA flood maps, known flooding |
| Earthquake | Seismic activity, construction standards |
| Wildfire | Fire risk, defensible space |
| Contamination | Underground tanks, prior uses |
Federal Lead-Based Paint Disclosure
For homes built before 1978, federal law requires:
| Requirement | Details |
|---|---|
| Disclosure | Known lead-based paint hazards |
| Pamphlet | EPA pamphlet "Protect Your Family From Lead" |
| Inspection period | Buyer has 10 days to inspect (waivable) |
| Form | Lead-Based Paint Disclosure form |
Warning: Lead-based paint disclosure is REQUIRED by federal law for all pre-1978 residential properties, regardless of any state law provisions.
Stigmatized Property
Alaska law addresses disclosure of stigmatized property conditions:
| Condition | Generally Required? |
|---|---|
| Natural death on property | No |
| Suicide or murder | Generally no, unless asked |
| Alleged paranormal activity | No |
| Proximity to sex offenders | No |
Note: If a buyer asks directly about a specific issue and the agent knows the answer, they should respond honestly.
Which of the following MUST be disclosed in an Alaska residential transaction?
Under federal law, lead-based paint disclosure is required for homes built before what year?
Which Alaska-specific condition is particularly important for property disclosure?