- Alaska Statutes.
- Title 34. Property
- Chapter 55. Uniform Land Sales Practices Act
- Section 30. Civil Remedy.
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AS 34.55.030. Civil Remedy.
- (a) A person who disposes of subdivided land in violation of AS 34.55.006 or 34.55.008 is liable as provided in this section to the
purchaser unless in the case of an untruth or omission it is proved that the purchaser knew of the untruth or omission
or that the person offering or disposing of subdivided land did not know and in the exercise of reasonable care could
not have known of the untruth or omission.
- (b) In addition to any other remedies, the purchaser, under (a) of this section, may recover the consideration paid for
the lot, parcel, unit, or interest in subdivided land together with interest at the rate of six percent a year from the
date of payment, property taxes paid, costs, and reasonable attorney fees less the amount of income received from the
subdivided land upon tender of appropriate instruments of reconveyance. If the purchaser no longer owns the lot,
parcel, unit, or interest in subdivided land, the purchaser may recover the amount that would be recoverable upon a
tender of a reconveyance less the value of the land when disposed of and less interest at the rate of six percent a
year on that amount from the date of disposition.
- (c) Every person who directly or indirectly controls a subdivider liable under (a) of this section, every general partner,
officer, or director of a subdivider, every person occupying a similar status or performing a similar function, every
employee of the subdivider who materially aids in the disposition, and every agent who materially aids in the
disposition is also liable jointly and severally with and to the same extent as the subdivider, unless the person
otherwise liable sustains the burden of proof that the person did not know and in the exercise of reasonable care could
not have known of the existence of the facts by reason of which the liability is alleged to exist. There is a right to
contribution as in cases of contract among persons so liable.
- (d) A person whose occupation gives authority to a statement that has been used with the person's consent in an
application for registration or public offering statement, who is not otherwise associated with the subdivision and
development plan in a material way, is liable only for false statements and omissions in the person's statement and
only if the person fails to prove
- (1) lack of knowledge of the facts by reason of which the liability is alleged to exist; and
- (2) that in the exercise of the reasonable care a person in the same occupation could not have known of the existence of
the facts by reason of which the liability is alleged to exist.
- (e) A tender of reconveyance may be made at any time before the entry of judgment.
- (f) A person may not recover under this section in an action commenced more than four years after the person's first
payment of money to the subdivider in the contested transaction.
- (g) A stipulation or provision purporting to bind a person acquiring subdivided land to waive compliance with this chapter
or a regulation or order under it is void.
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