When This Requirement Applies
This statute covers a specific situation: the sale of unsubdivided land in an unincorporated area. If you are buying a parcel outside city limits that is not part of a formal subdivision, the seller must give you a written affidavit disclosing important information about the property at least seven days before closing.
A seller of five or fewer parcels of land, other than subdivided land, in an unincorporated area of a county and any subsequent seller of such a parcel shall complete and furnish a written affidavit of disclosure to the buyer at least seven days before the transfer of the property and the buyer shall acknowledge receipt of the affidavit.
A.R.S. § 33-422(A)The affidavit covers a wide range of issues: legal and physical access, water supply, sewer or septic status, flood zone designation, zoning, environmental contamination, pending litigation, and more. It must be written in 12-point type and recorded alongside the deed at closing.
Buyer Protections Built Into the Law
Arizona gives buyers two important protections under this statute. First, the buyer has a five-day right to rescind the transaction after receiving the affidavit. Second, any release or waiver of the seller's liability for omissions or misrepresentations in the affidavit is not valid. The seller cannot contract around the obligation to disclose accurately.
The county recorder is not required to verify anything in the affidavit. Accuracy is the seller's responsibility. For anyone buying rural or unincorporated land in Arizona, reviewing this affidavit carefully before closing is one of the most important steps in the transaction.
