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A.R.S. § 33-423

Third-Party Property Disclosure Reports

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

Arizona allows buyers and sellers to authorize a third-party provider to generate disclosure reports about real property. These reports cover flood zones, military airports, soil conditions, and environmental hazards using official government data. Providers must carry errors and omissions insurance.

Title 33, CONVEYANCES AND DEEDS

azleg.gov

What These Reports Cover

A third-party property disclosure statement pulls information from official government maps and publicly available data. It flags conditions and factors that might affect a property. The statute lists specific categories: FEMA flood zones, military airports and training routes, expansive soils, earth fissures, special tax assessments, radon gas potential, and environmental superfund sites.

A disclosure report pursuant to this section may be provided to the buyer or seller of real property by a third party as authorized by the buyer or seller and shall be based on officially adopted and electronically posted or otherwise readily available governmental maps or information.

A.R.S. § 33-423(A)

The report can also include any additional condition the buyer or seller authorizes and the provider agrees to research. Sellers are required to disclose material facts about the property under separate statutes. A third-party report can supplement those disclosures with data the seller may not have access to on their own.

These reports may also flag whether a registered sex offender lives nearby or whether a death has occurred in the home. While not all of these items are considered material facts under the law, they can influence a buyer's decision.

Provider Accountability and Indemnity

Third-party providers are not working without accountability. They must carry errors and omissions insurance of at least $1 million per occurrence and $10 million in aggregate. Failing to maintain that coverage is a Class 1 misdemeanor.

If a report contains an error, the provider must defend any resulting lawsuit, cover the buyer or seller who authorized the report, and pay attorney fees and costs. This protection extends to licensed real estate agents representing the parties. However, if the buyer, seller, or their agent already knew about the error or modified the report in a way that caused the mistake, the provider's obligation does not apply.

One important point: the listing of a condition in a disclosure report does not automatically make that condition a material fact for the transaction. Materiality is determined under other applicable law.

A. A disclosure report pursuant to this section may be provided to the buyer or seller of real property by a third party as authorized by the buyer or seller and shall be based on officially adopted and electronically posted or otherwise readily available governmental maps or information that discloses whether the real property is subject to one or more of the following: 1. Special flood hazard areas designated by the federal emergency management agency pursuant to 42 United States Code chapter 50. 2. Military airports and ancillary military facilities as defined in section 28-8461 or as disclosed pursuant to section 28-8484 or 32-2113. 3. Military training routes as shown in the map produced pursuant to section 37-102 and military restricted airspace as shown in the map produced pursuant to section 37-102. 4. Public and private airports that are approved by the federal aviation administration. 5. Expansive soils as shown on maps issued by the natural resource conservation service or on other officially adopted and readily available governmental maps. 6. Fissures as shown on earth fissure maps issued by the Arizona geological survey pursuant to section 27-106, subsection A, paragraph 3. 7. Special tax assessment areas or taxing authority and amount of special assessments in addition to ad valorem taxes as shown in the current tax records of the applicable county assessor. 8. Radon gas potential zones as shown on current maps issued by the United States environmental protection agency. 9. Environmental hazard superfund sites including the sites listed in the Arizona superfund program list and the water quality assurance revolving fund registry, or listed by the United States environmental protection agency including the national priorities list, the comprehensive environmental response compensation and liability information system database or on maps issued by the department of environmental quality or equivalent datab...

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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