Alaska Statutes
Alaska Stat. § 34.70.090 (2026)
Failure to comply
✓ current as of July 2026
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Sec. 34.70.090. Failure to comply.
(a) A transfer that is subject to this chapter is not invalidated solely because a person fails to comply with this chapter.
(b) A person who negligently violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for the amount of the actual damages suffered by the transferee as a result of the violation or failure.
(c) A person who wilfully violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for up to three times the actual damages suffered by the transferee as a result of the violation or failure.
(d) In addition to the damages allowed under (b) or (c) of this section, a court may also award the transferee costs and attorney fees to the extent allowed under the rules of court.
(a) A transfer that is subject to this chapter is not invalidated solely because a person fails to comply with this chapter.
(b) A person who negligently violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for the amount of the actual damages suffered by the transferee as a result of the violation or failure.
(c) A person who wilfully violates this chapter or fails to perform a duty required by this chapter is liable to the transferee for up to three times the actual damages suffered by the transferee as a result of the violation or failure.
(d) In addition to the damages allowed under (b) or (c) of this section, a court may also award the transferee costs and attorney fees to the extent allowed under the rules of court.
Notes of Decisions
Cited in 3
cases, 1997–2007 · leading case: Cole v. Bartels, 4 P.3d 956 (Alaska 2000).
Cole v. Bartels, 4 P.3d 956 (Alaska 2000). “In 1997 the Bartelses sued Cole for her failure to disclose the wall decay in violation of AS 34.70.090(c). In response, Cole denied that Bourque had informed her about the decay and joined Bourque and State Farm as third-party defendants.”
Amyot v. Luchini, 932 P.2d 244 (Alaska 1997). “First, AS 34.70.090(b) subjects to liability “[a] person who negligently violates this chapter or fails to perform a duty required by this chapter[.”
Diblik v. Marcy, 166 P.3d 23 (Alaska 2007). “Absent clear error as to this finding, we conclude that the trial court did not err in failing to hold Marey liable for the misstatement in the addendum.”
— Alaska Stat. § 34.70.090(b) — 1 case
Amyot v. Luchini, 932 P.2d 244 (Alaska 1997). “First, AS 34.70.090(b) subjects to liability “[a] person who negligently violates this chapter or fails to perform a duty required by this chapter[.”
— Alaska Stat. § 34.70.090(c) — 1 case
Cole v. Bartels, 4 P.3d 956 (Alaska 2000). “In 1997 the Bartelses sued Cole for her failure to disclose the wall decay in violation of AS 34.70.090(c). In response, Cole denied that Bourque had informed her about the decay and joined Bourque and State Farm as third-party defendants.”
— Alaska Stat. § 34.70.090(d) — 1 case
Cole v. Bartels, 4 P.3d 956 (Alaska 2000). “In 1997 the Bartelses sued Cole for her failure to disclose the wall decay in violation of AS 34.70.090(c). In response, Cole denied that Bourque had informed her about the decay and joined Bourque and State Farm as third-party defendants.”
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