Legal Question in Real Estate Law in Alaska
Failure to disclose material defects when selling real estate
Prior to closing, the sellers agent was notified by the state DOT the as built survey did not show an encroachment into state right of way, further they offered the correct information. The DOT was not contacted, the survey not corrected, the sale was completed. Now I have learned my cistern is in the encroachment and I have no legal water supply. The state Div of Occ Licensing just pulled the Surveyors license because this and is investigating the Real Estate Broker. They were both negligent if not in collusion. Do I have to sue them together or can I sue them separately?
1 Answer from Attorneys
Re: Failure to disclose material defects when selling real estate
It is generally the plaintiff's choice who to sue and when. You can sue them together or separately, but you'll only have to pay one filing fee if you sue them both together. Don't forget to include the sellers, too, since they will generally be held legally responsible for the actions of their agent.
You may also want to look up AS 34.70, the Alaska disclosure statute, which governs disclosure obligations in residential transactions.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
