Arizona Laws
Requirement to Record: There is no statutory requirement to record an option-to-purchase. However, it can[1] and is recommended[2] to be recorded (See County Recorders’ Offices).
No Duration: If an option-to-purchase has no expiration date, it can be determined to be unenforceable due to vagueness.[3]
Maximum Term: A nonvested property interest is valid if the interest either vests or terminates within 500 years.[4]
Signing Requirements: An option-to-purchase that is to be recorded must be signed and acknowledged before an officer authorized to take acknowledgments.[5]
Leasing Disclosures (9)
1. Bed Bugs Disclosure (conditional): Except for single-family properties, the tenant must be given educational materials on how to deal with bed bugs.[6]
2. Copy of Landlord-Tenant Act: Tenants must be given a copy of the Arizona Landlord-Tenant Act to inform them of their full rights.[7]
3. Lead-Based Paint Disclosure & EPA Pamphlet: Federal law requiring all landlords of property built before January 1, 1978, to inform tenants of the hazards of lead-based paint.[8]
4. Move-in / Move-out Checklist: A required inspection to be conducted before move-in and after move-out to ensure the tenant is not wrongfully billed for damages or repairs.[9]
5. Non-Refundable Fees: If any fee mentioned in the lease is non-refundable, it must expressly state that it is non-refundable, or else the amount is refundable.[10]
6. Owner/Manager Disclosure: The lease must include the landlord’s contact information for legal notices.[11]
7. Pool Safety Notice (conditional): If the rental property has a pool, a pool disclosure maintained by the Dept. of Health Services must be provided.[12]
8. Shared Utility Charges (conditional): If the property’s utilities are shared, the computation of how the tenant is billed must be included in the lease.[13]
9. Undergoing Foreclosure (conditional): If the property is in the foreclosure process, the tenant must be given notice.[14]
Selling Disclosures (7)
1. Agency Disclosure Form (conditional): If either party is being represented by a real estate agent, the other must sign to acknowledge the agency relationship.[15]
2. Comprehensive Loss Underwriting Exchange (C.L.U.E): A report containing any claims against the property in the last 5 years. It can be generated from the LexisNexis Consumer Portal (view instructions). If both parties agree, they can choose to waive this requirement (use the Waiver Form).[16]
3. Condominium Disclosure (conditional): Only required for properties classified as a condominium.[17]
4. Military Airport Disclosure (conditional): If the property is located within a military airport or ancillary military facility as defined on a map provided by the State land department (view on the Arizona Dept. of Real Estate).[18]
5. Property Disclosure Statement: A seller must disclose what they know about the property’s current condition and any known material defects.[19]
6. Swimming Pool Disclosure (conditional): If the property includes access to a swimming pool, the seller must provide this notice from the Dept. of Health Services.[20]
7. Unincorporated Area Disclosure: If the seller is selling five or fewer parcels of land, other than subdivided land, in an unincorporated area, this must be attached.[21]
Sample
Sources
- Arizona Realtors – The Problems with an Unrecorded Deed
- A.R.S. § 33-411(D)
- Offerman v. Granada, LLC (2017)
- A.R.S § 14-2901(2)
- A.R.S. § 33-401(B)
- A.R.S. § 33-1319
- A.R.S. § 33-1322
- 42 U.S. Code § 4852d
- A.R.S. § 33-1321(C)
- A.R.S. § 33-1321(B)
- A.R.S. § 33-1322
- A.R.S. § 36-1681(E)
- A.R.S. § 33-1314.01
- A.R.S § 33-1331(A)
- Arizona Admin Code § R4-28-1101(E)
- Arizona Realtors – A Contract Series – Part 5
- A.R.S. § 33-1260
- A.R.S. § 28-8484
- Hill v. Jones, 151 Ariz. 81, 725 P.2d 1115 (App. 1986)
- A.R.S. § 36-1681(E)
- A.R.S. 33-422(A)