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Margaret is selling her single-family home in Fairbanks. During the listing appointment, her agent notices that part of the backyard shows signs of ground subsidence. Margaret mentions she has never had a structural engineer evaluate the area but suspects permafrost may be affecting the soil. Under AS 34.70, what must Margaret include in her seller disclosure statement?

Correct Answer

D) A disclosure of the known or suspected permafrost condition affecting the property

AS 34.70 requires sellers to disclose known material defects and conditions, including permafrost conditions on or affecting the property. Alaska's seller disclosure law specifically includes permafrost as a required disclosure item because of its potential to cause structural instability and foundation problems. Margaret's suspicion of permafrost based on visible ground subsidence constitutes knowledge of a condition that must be disclosed, even without a formal engineering report.

Answer Options
A
A disclosure is only required after a licensed engineer confirms the permafrost condition
B
Only a general statement that Alaska properties may have permafrost issues
C
Nothing, because she has no confirmed engineering report documenting permafrost
D
A disclosure of the known or suspected permafrost condition affecting the property

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Related Topics & Key Terms

Key Terms:

seller_disclosurepermafrostAS_34.70material_defectFairbanks

Related Concepts

Asbestos disclosure involves informing buyers about the presence of asbestos-containing materials (ACMs) in a property. Asbestos was commonly used in construction materials before 1980 and poses health risks when fibers become airborne.

Violating fair housing laws can lead to significant penalties, including fines, civil liability, and professional discipline.

Death on property disclosure addresses whether sellers must inform buyers about deaths that occurred on the property, including natural deaths, suicides, and murders. Requirements vary significantly by state.

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