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.