Alaska Administrative Code
Title 3 - Commerce, Community, and Economic Development
Part 1 - Banking, Securities, Small Loans and Corporations
Chapter 20 - Land Sales
Article 2 - Unfair Acts and Practices
3 AAC 20.060 - Documents
Universal Citation: 3 AK Admin Code 20.060
Current through February 24, 2025
(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.
Authority:AS 34.55.020
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