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Mandated DisclosuresSeller LiabilityMEDIUM

A seller discloses a known roof leak in writing on the Alaska seller's disclosure form before closing. The buyer later sues the seller over the roof condition. What protection does the seller's honest written disclosure provide?

Correct Answer

B) It protects the seller from liability for that condition because the defect was honestly and fully disclosed to the buyer before closing

Under Alaska's disclosure requirements, a seller who honestly and fully discloses a known defect in writing on the seller's disclosure form is generally protected from later claims by the buyer regarding that specific disclosed condition. The buyer is deemed to have accepted the property with knowledge of the disclosed defect. This good faith disclosure does not, however, shield the seller from liability for defects that were concealed or not disclosed.

Answer Options
A
It eliminates the seller's liability for all lawsuits related to the property, regardless of what was disclosed
B
It protects the seller from liability for that condition because the defect was honestly and fully disclosed to the buyer before closing
C
It shifts responsibility for all building code violations to the buyer's agent
D
It reduces the seller's property tax obligations for the year of sale

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Related Topics & Key Terms

Related Topics:

fraud

Key Terms:

good faith
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