James is purchasing a remote cabin near Talkeetna that is accessible only by small aircraft. The listing agent, Sandra, knows the property has no road access, no connection to the electrical grid, and that conventional mortgage lenders have declined to finance similar properties in the area. Sandra has not mentioned any of these facts to James, who is relocating from Ohio and is unfamiliar with Alaska's remote property market. Which of the following best describes Sandra's disclosure obligations under Alaska law?
Correct Answer
A) Sandra must disclose the lack of road access and off-grid status as material facts, and should inform James that conventional financing may be unavailable for such properties
Under Alaska law and the 12 AAC 64 regulatory framework, licensees are required to disclose material facts affecting a property's value and desirability. For remote Alaska properties, access type (fly-in or boat-in only) and the absence of utilities are material facts that must be disclosed regardless of whether the buyer asks. Additionally, the known unavailability of conventional financing for remote off-grid properties is a material condition that a competent Alaska licensee must communicate to a buyer, particularly one unfamiliar with the state's unique real estate market. Failing to disclose these facts could expose Sandra to disciplinary action and civil liability.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Radon disclosure involves informing buyers about the presence or potential presence of radon gas in a property. Radon is a naturally occurring radioactive gas that can accumulate in buildings and is the second leading cause of lung cancer.
Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.
A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.
More Mandated Disclosures Questions
In Vermont, a client refuses to allow a disclosure the licensee believes is necessary. Which statement is correct?
In Vermont, unpermitted construction or septic work affects a Vermont property. Which statement is correct?
A Vermont licensee is asked about a seller's agent knows a serious property defect or limitation. What is the best answer?
In Vermont, a licensee markets a pre-1978 Vermont residential rental property. Which statement is correct?
In Vermont, a seller's agent knows a serious property defect or limitation. Which statement is correct?
- → In Vermont, covered pre-1978 property is shown to a buyer. Which statement is correct?
- → In Vermont, the property is subject to a right of first refusal. Which statement is correct?
- → A Vermont licensee is asked about unpermitted construction or septic work affects a Vermont property. What is the best answer?
- → An Oklahoma licensee is asked about a seller learns of a new defect after already delivering a disclosure or disclaimer statement. What is the best answer?
- → Which Oklahoma rule applies when a seller wants to use the Oklahoma disclaimer statement instead of a disclosure statement?
- → An Oklahoma licensee is asked about a seller of covered Oklahoma residential property is preparing for a buyer’s offer. What is the best answer?
- → In Oklahoma real estate practice, a seller has not yet accepted a purchaser’s offer. What should the licensee remember?
- → For the Oklahoma salesperson state portion, a disclosure statement is delivered after an offer to purchase has been made. Which statement is correct?
- → Which Oklahoma rule applies when a real estate licensee actually knows of a property defect that is not included in the seller’s disclosure statement?
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Previous Question
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?
Next Question
Under the Alaska Seller Disclosure Act (AS 34.70), which of the following is a required item on the seller's written disclosure statement for a residential property of one to four units? Select the answer that is NOT a required disclosure item under AS 34.70.
