(a) A person licensed under this chapter may not falsely represent to

Attorney's Note

Under the Alaska Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class A misdemeanorup to 1 yearup to $25,000
For details, see Alaska Stat. § 12.55.135

Terms Used In Alaska Statutes 08.88.401

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) have been awarded a degree or other designation;
(2) be a member or an affiliate of a professional organization; or
(3) be a member of a franchise or other business association.
(b) A person

(1) who is not a real estate broker licensed in this state may not accept a fee or a commission for performance of an act for which a license is required by this chapter except that a real estate broker validly licensed in another state may accept a fee or commission or a portion of a fee or commission for assisting a real estate broker licensed in this state in the performance of an act for which a license is required by this chapter;
(2) who is an associate broker or a real estate salesperson licensed in this state may accept a fee or commission for performance of an act for which a license is required by this chapter only from the licensee’s employing broker, except that the wages of a person who is engaged as a licensed assistant under Alaska Stat. § 08.88.398 may be accepted by the person from the assistant’s employer.
(c) A person licensed under this chapter may not knowingly make, authorize, direct, or aid in the publication of a false statement or misrepresentation concerning land or a subdivision or other real estate offered for sale, lease, or rent or concerning an association being managed.
(d) A person licensed under this chapter may not knowingly pay any part of a fee, commission, or other compensation received by the licensee in buying, selling, exchanging, leasing, auctioning, or renting real estate to

(1) a person who is not licensed under this chapter, except as provided in (e) of this section;
(2) another licensee, except through the licensee’s responsible broker; or
(3) another licensee knowing that the other licensee intends to pay all or a portion of that which is received to a person who is not licensed under this chapter.
(e) The prohibition of (d)(1) of this section does not prohibit

(1) payments by a licensee to a person licensed to perform real estate activities in another jurisdiction if the other person has assisted the licensee in the performance of an act for which a license is required by this chapter;
(2) payments from a real estate licensee to a principal as part of the resolution of a dispute regarding the terms of a transaction or regarding the property transferred; or
(3) contributions from a licensee to a charitable organization and advertisement of the licensee’s intent to make the charitable donation.
(f) A person may not

(1) use or attempt to use a license issued under this chapter that was issued to another person;
(2) give false or forged evidence to the commission or to a representative of the commission in an attempt to obtain a license;
(3) impersonate an applicant under this chapter;
(4) knowingly use or attempt to use an expired, suspended, revoked, or nonexistent license; or
(5) falsely claim to be licensed and authorized to practice under this chapter.
(g) A person who violates this section or Alaska Stat. § 08.88.161 is guilty of a class A misdemeanor.
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