Title 3 . Commerce, Community, and Economic Development

Chapter 20 . Land Sales

Section 60. Documents

3 AAC 20.060. Documents

(a) Unless a purchaser or prospective purchaser agrees in writing on a separate document, it is unfair for a person to use a contract, agreement, deed, option or other evidence of disposition of lands under the Act which contains provisions that

(1) attempt to waive a right afforded by the Act, the Interstate Land Sales Full Disclosure Act, or the Consumer Credit Protection Act, commonly known as the Federal Truth in Lending Act, and any regulations promulgated under these acts;

(2) assume all risk of loss to the property without title passing to the purchaser or actual possession being with the purchaser;

(3) permit a prior or subsequent sale of the optioned or purchased property;

(4) waive as against an assignee of the developer, a mortgagee, or subsequent holder, a claim or defense arising out of the transaction that the purchaser would have against the developer;

(5) forfeit all prior payments upon default;

(6) provide acceleration of the unpaid balance of a contract upon default:

(7) can result in loss of possession of the property without notice of and a prior hearing in a court of competent jurisdiction;

(8) waive a right to redeem the property after default;

(9) cause an assignee, mortgagee, or subsequent holder of the developer not to be obligated to perform as to the purchaser.

(b) It is an unfair act or practice for a developer, his agents, servants, employees or others acting on his behalf

(1) to offer or induce a purchaser to execute a document, paper, or other writing without all spaces filled in or inapplicable spaces clearly stricken;

(2) to alter or deface a document, paper, or other writing without the knowing, intelligent, and voluntary consent of the parties to it.

History: Eff. 4/3/76, Register 58

Authority: AS 34.55.020