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A.R.S. § 33-422

Disclosure Affidavit for Land Sales

Verified April 4, 202657th Legislature, 1st Regular Session

When selling unsubdivided land in an unincorporated area, the seller must give the buyer a disclosure affidavit. This applies to sales of five or fewer parcels. The buyer can cancel within five days of receiving the affidavit.

Title 33, CONVEYANCES AND DEEDS

azleg.gov

When This Requirement Applies

This statute applies when someone sells unsubdivided land outside city limits. If the property is not part of a formal subdivision, the seller must give the buyer a written affidavit. The seller must provide it 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. These include legal and physical access, water supply, sewer or septic status, and flood zone data. It also asks about zoning, environmental contamination, and pending litigation.

The affidavit must state whether the property has access to water, sewer, and electric service. It also asks whether emergency vehicles can reach the site. The document must use 12-point type and be recorded alongside the deed at closing.

For rural parcels, a percolation test may be needed to check whether the soil can support a septic system. The affidavit does not require the seller to run that test. It does require disclosure of known facts about wastewater.

Buyer Protections Built Into the Law

The law gives buyers two key protections. First, the buyer can cancel the transaction within five days of receiving the affidavit. Second, any waiver of the seller's liability for errors in the affidavit is not valid.

The county recorder does not verify anything in the affidavit. Accuracy is the seller's responsibility.

Buyers should check whether the property has legal and physical access from a public road. Land that is landlocked or only reached by unpaved roads may be hard to develop or resell. Confirming access to water, sewer, and electric service before signing can prevent costly surprises.

A. 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. B. The affidavit must be written in twelve-point type. C. A release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is not valid or binding on the buyer. D. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer. E. The seller shall record the executed affidavit of disclosure at the same time that the deed is recorded. The county recorder is not required to verify the accuracy of any statement in the affidavit of disclosure. A subsequently recorded affidavit supersedes any previous affidavit. F. The affidavit of disclosure shall contain all of the following disclosures, be completed by the seller, meet the requirements of section 11-480 and follow substantially the following form: [Detailed form with 24 disclosure items covering access, water, sewer, utilities, zoning, flooding, environmental hazards, pending litigation, and other material facts.] G. For the purposes of this section, seller and subsequent seller do not include a trustee of a deed of trust who is selling property by a trustee's sale pursuant to chapter 6.1 of this title or any officer who is selling property by execution sale pursuant to title 12, chapter 9 and chapter 6 of this title. If the seller is a trustee of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust.

This page provides general legal information about Arizona statutes and is not legal advice. For guidance on how this law applies to your situation, speak with a qualified attorney.

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