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Alaska Agency Law and Property Disclosures

Agency relationships, material fact disclosure, and Alaska's unique property disclosure requirements including permafrost.

May 5, 2025 · 5 min read

Alaska's agency law and property disclosures have unique elements that appear regularly on the state exam.

Agency in Alaska

Alaska recognizes: seller's agent, buyer's agent, dual agent, and designated agent. Written disclosure of the representation relationship is required before providing substantive services.

Buyer's agent: Established by written agreement. Without a written buyer agency agreement, a licensee working with a buyer is presumed to represent the seller.

Dual agency: Permitted with written informed consent from both parties.

Material Fact Disclosure

Alaska requires disclosure of all known material facts that affect the value of the property — regardless of whom the licensee represents. This is not optional even when representing the seller.

Alaska-Specific Disclosures

Permafrost: If known, permafrost conditions must be disclosed. Permafrost can cause foundation heaving, structural damage, and major construction limitations. It's one of the most Alaska-unique material facts.

Floodplain: Properties in FEMA-designated flood zones must be disclosed. Many Alaska communities have significant floodplain areas.

Environmental hazards: Lead paint (pre-1978), asbestos, radon, underground storage tanks — standard disclosures that apply in Alaska as everywhere.

ANC land restrictions: Alaska Native Corporation lands have transfer and use restrictions under the Alaska Native Claims Settlement Act (ANCSA). If a property involves ANC land, those restrictions must be disclosed.

Common Exam Question

Q: An Alaska licensee represents a seller. During a showing, the buyer asks about the foundation stability. The licensee knows the property has permafrost issues. What must the licensee do? A: Disclose the known permafrost condition — Alaska requires disclosure of known material facts regardless of representation.

[Practice Alaska agency questions at CARealestate.com/states/alaska](https://carealestate.com/states/alaska)

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