What must a home seller disclose in Alaska?

Who has to give the statement?

The law covers “residential real property,” which AS 34.70.200 defines as real property whose primary purpose is a single-family dwelling, or two single-family dwellings in one building. That includes a manufactured home that has become real property, and a unit in a condominium or similar common-interest community. A “transfer” covers a sale, exchange, installment land sale contract, lease with an option to buy, other option to buy, or a ground lease with improvements.

The seller must deliver the statement “by mail or in person.” Delivery to the buyer’s spouse counts as delivery to the buyer unless they agree otherwise (AS 34.70.010).

What the form covers

The Real Estate Commission sets the form (AS 34.70.050). Regulation 12 AAC 64.930 adopts the May 2024 version, form 08-4229, which runs 13 pages in four parts:

• Part I, the property itself. Type of home, year built, construction and foundation, and a checklist of known defects in appliances and features. A second checklist covers structural parts (roof, foundation, plumbing, electrical, heating, sewage system, windows and others) that are defective, were repaired in the last five years, or need work.
• Part II, documents and costs. Which papers the seller has, such as a survey, inspection reports, soil tests, well logs, deed restrictions and covenants, plus average monthly utility costs.
• Part III, yes/no/unknown questions. Legal actions, planned street or utility work, road maintenance, rentals, homeowners’ association dues and assessments, zoning, easements and code violations, the heating, sewer and water systems, ice damming, roof and water leaks, frozen pipes, drainage and high water table, encroachments, environmental hazards, avalanche or mudslide zones, flood zone and flooding, erosion, permafrost and soil movement, remodeling and permits, pests, noise and pets.
• Part IV, the seller’s signed statement that the answers are in good faith and true to the best of the seller’s knowledge.

The form also asks whether anyone has been aware of a murder or suicide on the property in the preceding 3 years, and whether anyone smoked inside during the seller’s ownership.

Two notices are required by AS 34.70.050 and appear in the buyer’s receipt. The buyer is responsible for finding out whether a sex offender lives nearby, and whether an agricultural facility or operation nearby could cause odor, dust, noise or similar nuisances. The form says Alaska State Trooper posts, municipal police departments and the Department of Public Safety website have the offender information.

What the seller does not have to do

The seller does not have to search the public records or pay for a professional inspection, according to the form’s instructions. If an answer is unknown, AS 34.70.040(b) lets the seller give an approximation, if the seller or the agent made a reasonable effort to find the facts and the approximation is clearly labeled and not used to dodge the law. A seller who discloses a defect is not liable for it (AS 34.70.030). That is why a buyer still needs an inspection (see our home inspection guide).

Exemptions and waivers

The chapter has two ways out:

The chapter lists no other exemptions. The statutes do not say whether a bank selling a foreclosed home must use the form; ask the listing agent or an attorney. Signing a waiver does not remove other disclosure duties required by law (AS 34.70.070).

What happens if the seller does not comply

A transfer is not invalidated just because someone failed to follow the chapter (AS 34.70.090(a)). Instead:

1. A person who negligently violates it is liable for the buyer’s actual damages.
2. A person who willfully violates it is liable for up to three times the actual damages.
3. A court may add costs and attorney fees to the extent court rules allow.

Example: a buyer in Anchorage makes a written offer on Monday and the seller hands over the form on Thursday of the same week. The buyer then has 3 days from delivery to send a written notice ending the offer. If the form is mailed, the period is 6 days.

If something in the statement becomes inaccurate after delivery because of an act or agreement, the seller must deliver a written amendment (AS 34.70.040, 34.70.080). A material amendment delivered after the offer gives the buyer the same 3-day withdrawal right.

Federal lead-based paint rule (homes built before 1978)

The form asks for the year built. For most housing built before 1978, the EPA rule requires the seller to:

1. give the buyer the pamphlet Protect Your Family From Lead in Your Home;
2. disclose any known lead-based paint or hazards and hand over available records;
3. include a Lead Warning Statement in the contract;
4. give the buyer 10 days for a paint inspection or risk assessment, unless both agree in writing to change it or the buyer waives it;
5. keep a signed copy of the disclosures for three years after the sale.

EPA lists exemptions, including foreclosure sales and housing built in 1978 or later. See our home buying steps for where this fits.