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A.R.S. § 33-424

Disclosure Report Misrepresentation

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

Third-party disclosure report providers cannot claim their reports are legally required. They cannot use false or misleading statements to pressure buyers, sellers, or agents into buying their reports.

Title 33, CONVEYANCES AND DEEDS

azleg.gov

What This Statute Prohibits

When buying or selling real property, third-party providers sometimes offer disclosure reports. This statute draws a firm line. Those providers cannot falsely claim their reports are required by law.

They also cannot use misleading statements. For example, they cannot suggest that any party must buy one to meet disclosure rules.

It is unlawful for a third party provider offering a disclosure report pursuant to section 33-423 to represent in marketing materials, contracts or by any other means any of the following: 1. That such a disclosure report is required by any law to be purchased. 2. That a buyer, a seller or a person licensed pursuant to title 32, chapter 20 who represents a buyer or seller is required to comply with section 33-423 by purchasing a third party disclosure report.

A.R.S. § 33-424(A)

The goal is simple: protect consumers and real estate professionals from misleading marketing. A seller must disclose known property conditions. But no law requires buying a third-party product to do so.

Enforcement and Penalties

Affected parties have real tools to enforce this rule. Anyone who gets marketing materials or contracts that break this law can bring a private action. They must file in the county where the property is located.

A provider found in violation may owe damages up to $2,000 per occurrence. The winning party can also recover attorney fees and costs.

A person who violates subsection A of this section is guilty of a class 1 misdemeanor.

A.R.S. § 33-424(E)

Beyond civil liability, a violation is a class 1 misdemeanor. The attorney general or county attorney can pursue enforcement on their own.

This rule covers all channels. Social media, email, contracts, and marketing materials all fall under the statute.

For anyone buying or selling property, the takeaway is clear. No one can legally pressure you into buying a disclosure report by claiming it is required. If you encounter misleading statements, the law gives you a path to hold the provider accountable.

A. It is unlawful for a third party provider offering a disclosure report pursuant to section 33-423 to represent in marketing materials, contracts or by any other means any of the following: 1. That such a disclosure report is required by any law to be purchased. 2. That a buyer, a seller or a person licensed pursuant to title 32, chapter 20 who represents a buyer or seller is required to comply with section 33-423 by purchasing a third party disclosure report. 3. That the third party provider offers protection from liability for or provides information about property conditions that are not the subject of the third party provider report or that are not within the current ability of the third party provider to provide. B. An act or practice in violation of this section or section 33-423, subsection B, paragraph 2 is subject to enforcement through private action and prosecution by the attorney general or by the county attorney of the county in which the real property is located. C. A person who receives marketing materials, contracts or other communication in violation of this section may bring an action pursuant to this section in any court of competent jurisdiction in the county in which the real property is located. D. In addition to any other remedies provided by law, a third party provider who offers a disclosure report pursuant to section 33-423 and who is found to have violated this section is liable to the party receiving the marketing materials, contracts or other communication for damages of not more than two thousand dollars per occurrence. In any action brought pursuant to this section the prevailing party shall be awarded reasonable attorney fees and costs. E. A person who violates subsection A of this section is guilty of a class 1 misdemeanor.

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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