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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
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