HB 2023
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
House: LARA DPA 8-1-0-0
HB 2023: land divisions; disclosure affidavit; recording
Sponsor: Representative Griffin, LD 19
House Engrossed
Overview
Modifies the information required to be included in an affidavit of disclosure and related
procedures.
History
Current law requires a seller of five or fewer parcels of non-subdivided land, located in an
unincorporated area of a county, and any subsequent seller, to furnish an affidavit of
disclosure to the buyer at least seven days before the property is transferred. The buyer has
the right to rescind a sale within five days of receiving the affidavit. The affidavit must be
recorded at the same time the deed is recorded. Subsequent affidavits supersede any
previously recorded affidavits.
Statute outlines the information an affidavit of disclosure must contain, including the legal
description of the property, a list of services and utilities currently provided to the property,
if the property meets county zoning requirements and if the use of the property is subject to
any limitations.
If the seller is a trustee of a subdivision trust, the beneficiary of the trust is required to
provide the disclosure affidavit.
The seller must provide a notarized certification, under penalty of perjury, that the
information provided is true, complete and correct (A.R.S. § 33-422).
Provisions
1. Requires that an affidavit of disclosure be completed by the seller and contain all the
information specified by statute. (Sec. 1)
2. Allows a licensed escrow agent, if requested by the seller, to record affidavits of disclosure.
3. Describes the responsibilities of a subsequent seller and licensed escrow agent relating to
completing and recording a subsequently executed affidavit. (Sec. 1)
4. Specifies that a licensed escrow agent who records an affidavit is not liable for inaccurate
information or omissions of material facts. (Sec. 1)
5. Requires an affidavit of disclosure to include information on:
a) water supplies;
b) leased or owned battery energy storage devices; and
c) whether the seller is a trustee, personal representative of an estate or conducting a
mortgage foreclosure.
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2023
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d) the type of on-site wastewater treatment facility and date of last inspection. (Sec. 1)
6. Requires the affidavit to include a notice that it is unlawful to attempt to avoid land
division or subdivision laws by acting in concert to divide a parcel of land into six or more
lots or parcels. (Sec. 1)
7. Allows the Arizona Department of Real Estate or the county where the land division
occurred to investigate and enforce actions regarding acting in concert to unlawfully
divide a parcel of land. (Sec. 1)
8. Specifies that a seller or subsequent seller does not include a personal representative
acting on behalf of an estate selling the property. (Sec. 1)
9. Repeals and re-enacts Laws 2023, Chapter 77, Section 3 to correct a technical error
resulting in a potentially invalid change to A.R.S. § 33-422. (Sec. 2)
10. Makes technical changes. (Sec. 1)