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Arizona Residential Purchase Agreement

An Arizona residential purchase agreement acts as a buyer's offer for real estate and becomes legally binding when signed by the owner (seller). The buyer and seller negotiate the terms of the agreement, including the sales price, closing date, inspection periods, and contingencies.
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State Laws

Buyer’s Obligations – The buyer is responsible for the following findings:

  • If the property was the site of a natural death, suicide, homicide, or any other crime classified as a felony.[1]
  • If any previous owner tested positive for HIV.[2]
  • If the property is located in the vicinity of a sex offender.[3]

Material Facts – The seller has a duty to disclose “material facts” that affect the value of the property and may not be reasonably capable of being known to the buyer.[4]

Real Estate Agent’s Duties – Must disclose in writing any information the licensee possesses that may materially or adversely affect the consideration to be paid by any party in a transaction.[5][6]

Soil Remediation Disclosure – The buyer must be notified if the property has been subject to soil remediation. This can be mentioned in the Property Disclosure Statement.[7]

Seller’s Disclosures (9)

Agency Disclosure Form (conditional) – A real estate licensee may not participate in a transaction without disclosing their agency relationship to the parties involved (e.g., a buyer must sign an agency disclosure form before submitting an offer).[8]

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Comprehensive Loss Underwriting Exchange (C.L.U.E.) – The seller must provide the buyer with a report containing a list of any claims made on the property for the past five years. This can be completed online via LexisNexis (Consumer Portal). The parties can also waive their rights through a waiver form.[9]

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Condominium Disclosure (conditional) – Applicable to a property sold within a homeowner’s association or condominium/planned community.[10]

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Lead-Based Paint Disclosure (conditional) – Applicable to residences that were built prior to 1978.[11]

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Lead-Based Paint Pamphlet (conditional) – Brochure that must be handed to the buyer if the residence was built before 1978.[12]

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Military Airport Disclosure (conditional) – If the property is located in the vicinity of a military airport or an ancillary military facility, as delineated on a map prepared by the State land department.[13] Maps are located at the Arizona Dept. of Real Estate.

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Property Disclosure Statement – The seller must disclose what they know regarding the property’s condition and known material defects.[4] A seller can also use the Assoc. of Realtors Property Disclosure Statement with the aid of a licensed Realtor.

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Swimming Pool Disclosure[14] (conditional) – The sale of a property with a pool requires the seller to provide this Department of Health Services notice to the buyer.[15]

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Unincorporated Area Disclosure[16] (conditional) – Required if the seller is selling five or fewer parcels of land, other than subdivided land, in an unincorporated area.[17]

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Sample

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