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]
Download: PDF |
 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]
Download: PDF |
 Lead-Based Paint Pamphlet (conditional) – Brochure that must be handed to the buyer if the residence was built before 1978.[12]
Download: PDF |
 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.
Download: PDF |
 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]
Download: PDF |
 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]
Download: PDF |
Sample
Video
Sources
- A.R.S. § 32-2156(A)(1)
- A.R.S. § 32-2156(A)(2)
- A.R.S. § 32-2156(A)(3)
- Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (App. 1986)
- Commissioner’s Rule, R4-28-1101(B)
- Arizona Real Estate Dept. – Disclosures in a Transaction
- A.R.S § 33-434.01
- Arizona Admin Code § R4-28-1101(E)
- Arizona Realtors – A Contract Series – Part 5)
- A.R.S. § 33-1260
- 42 U.S. Code § 4852d(a)(1)(A)
- 42 U.S. Code § 4852d(a)(1)(B)
- A.R.S. § 28-8484
- Arizona Dept. of Health Services – Residential Pool Safety Pool Notice
- A.R.S. § 36-1681(E)
- Arizona Realtors – Affidavit of Unincorporated Area
- A.R.S. 33-422(A)