What This Statute Says
Arizona law puts a specific disclosure burden on sellers whose property has had its soil cleaned up under state environmental remediation procedures. The duty is written, it triggers before closing, and it only applies when the seller actually knows about the remediation.
An owner of property that has been subject to soil remediation conducted pursuant to section 49-104, subsection B, paragraph 16 shall, prior to transferring ownership of the property, give written notice of the remediation to the purchaser, if the owner has actual knowledge that the property has been subject to soil remediation. Written notice is not required where soil remediation attains standards for residential uses in accordance with rules adopted pursuant to section 49-104, subsection B, paragraph 16.
A.R.S. § 33-434.01(A)Two practical limits jump out. The seller has to actually know about the cleanup. And the disclosure is not required if the remediated soil already meets the residential-use standard. Anything in between, the buyer gets written notice.
When This Statute Comes Into Play
The disclosure rule usually surfaces in three estate-planning contexts:
- An inherited Arizona home or parcel is being sold by a personal representative who learns from old records that the property went through soil cleanup.
- A surviving spouse selling community-owned land discovers a remediation file during a title search.
- A trustee preparing trust real estate for sale uncovers the cleanup history during ordinary due diligence.
In each case, the fiduciary owes the disclosure to the buyer. Failing to give written notice exposes the estate or trust to a civil claim under subsection B.
What This Means for Arizona Families
If you are administering an estate that includes Arizona real estate, environmental history is part of the diligence. It is not a hidden corner of probate. A short search of the property file or a conversation with the original owner often answers the question quickly.
If the property was cleaned up, the law trusts you to put that fact in writing before the buyer signs. The protection runs both ways. Buyers get the truth. Sellers get a clean, predictable path to closing once the notice is delivered. Our FAQ on handling inherited Arizona property covers the broader pre-sale checklist. The warranty deed commonly used in arms-length sales already requires the seller to stand behind the title; this statute simply pulls one specific environmental fact into the open before that commitment becomes binding.