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- Alaska Statutes.
- Title 8. Business and Professions
- Chapter 18. Construction Contractors and Home Inspectors
- Section 85. Legal Actions Against Home Inspector.
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Section 81. Claims Against Contractor or Home Inspector.
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Section 90. Regulations of the Board. [Repealed, Sec. 1 Ch 100 SLA 1968].
AS 08.18.085. Legal Actions Against Home Inspector.
- (a) Notwithstanding contrary provisions of AS 08.18.081
or AS 09.10, a person may not bring an action against an
individual registered under this chapter based on a home inspection report unless the action is commenced within one
year.
- (b) The limitation in (a) of this section applies to all actions based on a home inspection report, regardless of whether
the action is based on breach of contract, personal injury or death, property damage, or another source of liability
except that (a) of this section is not applicable to an action based on gross negligence or intentional misconduct by
the home inspector. The limitation may not be waived by contract.
- (c) A person may not bring an action against an individual registered under this chapter for damages that arise from an
act or omission relating to a home inspection performed by the individual unless the person
- (1) was a party to the real estate transaction for which the home inspection was conducted;
- (2) received the home inspection report with the written consent of the party for whom the home inspection was originally
performed; or
- (3) acquired the property for which the home inspection report was conducted by inheritance or bequest from a person who
could have brought an action under (1) or (2) of this subsection.
- (d) Contractual provisions that purport to limit the liability of a home inspector to the cost of the home inspection
report are contrary to public policy and void.
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