The Sixty-Day Recording Obligation
This statute places a clear duty on the person transferring real estate: record the deed or transfer document within sixty days. The obligation falls on the transferor, not the buyer. It applies to any document evidencing the sale or transfer of real property or any legal or equitable interest in it, with the exception of leases.
Any document evidencing the sale, or other transfer of real estate or any legal or equitable interest therein, excluding leases, shall be recorded by the transferor in the county in which the property is located and within sixty days of the transfer.
A.R.S. § 33-411.01The sixty-day window is significant. It gives the transferor a reasonable amount of time to handle the recording, but it also creates a firm deadline. Once that window closes without recording, the transferor's liability shifts.
Indemnification When Recording Does Not Happen
If the transferor does not record the document within sixty days, they become responsible for protecting the buyer from any consequences. The statute requires the transferor to indemnify the transferee in any action where the buyer's interest in the property is challenged. That indemnification covers costs, attorney fees, and even punitive damages.
This gives buyers meaningful protection. If a future dispute arises because the deed was never recorded, the person who failed to record bears the financial burden. For families transferring property as part of an estate plan, recording promptly avoids this risk entirely.
