Arizona 2024 Regular Session

Arizona House Bill HB2023 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~Senate~~ Engrossed ~~House Bill~~ land divisions; disclosure affidavit; recording State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HOUSE BILL 2023 An Act amending section 33-422, Arizona Revised Statutes, as amended by Laws 2019, chapter 103, section 1 and chapter 131, section 1; repealing section 33-422, Arizona Revised Statutes, as amended by Laws 2023, chapter 77, section 3; relating to property. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	House Engrossed land divisions; disclosure affidavit; recording State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HOUSE BILL 2023 An Act amending section 33-422, Arizona Revised Statutes, as amended by Laws 2019, chapter 103, section 1 and chapter 131, section 1; repealing section 33-422, Arizona Revised Statutes, as amended by Laws 2023, chapter 77, section 3; relating to property. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9		-	Senate Engrossed House Bill land divisions; disclosure affidavit; recording
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10	8		State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
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17	15		land divisions; disclosure affidavit; recording
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53	51		An Act
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57	55		amending section 33-422, Arizona Revised Statutes, as amended by Laws 2019, chapter 103, section 1 and chapter 131, section 1; repealing section 33-422, Arizona Revised Statutes, as amended by Laws 2023, chapter 77, section 3; relating to property.
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67		-	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 33-422, Arizona Revised Statutes, as amended by Laws 2019, chapter 103, section 1 and chapter 131, section 1, is amended to read: START_STATUTE33-422. Land divisions; recording; disclosure affidavit A. 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 any parcel that is the subject of an affidavit recorded as prescriBed by this section 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. B. The affidavit must be written in twelve-point type. C. A release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is not valid or binding on the buyer. D. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer. E. The seller or, on the request, direction or instruction of the seller, the escrow agent for the transaction who is licensed pursuant to title 6, chapter 7, shall record the executed affidavit of disclosure at the same time that the deed is recorded. The county recorder is not required to verify the accuracy of any statement in the affidavit of disclosure. A subsequently recorded affidavit supersedes any previous affidavit and the subsequent seller or, on the request, direction or instruction of the subsequent seller, the escrow agent for the subsequent transaction who is licensed pursuant to title 6, chapter 7, shall record the subsequently executed affidavit prescribed by this section. A licensed escrow agent who records an affidavit pursuant to this subsection is not liable for any inaccurate information in the affidavit, including any omissions of material facts. F. The affidavit of disclosure shall contain all of the following DISCLOSURES, be completed by the seller, meet the requirements of section 11-480 and follow substantially the following form: When recorded mail to: __________________________ __________________________ __________________________ __________________________ Affidavit of Disclosure Pursuant to A.R.S. 33-422 I, ______________________________________________ (seller(s)) being duly sworn, hereby make this affidavit of disclosure relating to the real property situated in the unincorporated area of: _______________________, County, State of Arizona, located at: ______________________________________________________________ and legally described as: (Legal description attached hereto as exhibit "A") (property). 1. There ◻ is ◻ is not . . . . legal access to the property, as defined in A.R.S. 11-831 . . . . ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 2. There ◻ is ◻ is not . . . . physical access to the property. ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 3. There ◻ is ◻ is not . . . . a statement from a licensed surveyor or engineer available stating whether the property has physical access that is traversable by a two-wheel drive passenger motor vehicle. 4. The legal and physical access to the property ◻ is ◻ is not . . . . the same.... ◻ unknown ◻ not applicable. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ If access to the parcel is not traversable by emergency vehicles, the county and emergency service providers may not be held liable for any damages resulting from the inability to traverse the access to provide needed services. 5. The road(s) is/are ◻ publicly maintained ◻ privately maintained ◻ not maintained ◻ not applicable. If applicable, there ◻ is ◻ is not . . . . a recorded road maintenance agreement. If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility. 6. A portion or all of the property ◻ is ◻ is not . . . . located in a FEMA designated regulatory floodplain. If the property is in a floodplain, it may be subject to floodplain regulation. 7. The property ◻ is ◻ is not subject to ◻ fissures or ◻ expansive soils. ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 8. The following services are currently provided to the property: ◻ water ◻ sewer ◻ electric ◻ natural gas ◻ single party telephone ◻ cable television services. 9. The property ◻ is ◻ is not . . . . served by a water supply that requires the transportation of water to the property. IF THE PROPERTY IS SERVED BY A WATER SUPPLY THAT REQUIRES THE TRANSPORTATION OF WATER TO THE PROPERTY, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE WATER HAULER OR WATER HAULING COMPANY THAT IS CURRENTLY PROVIDING THE TRANSPORTATION SERVICES TO THE PROPERTY AND THE NAME AND LOCATION OF THE WATER SUPPLY from WHICH THE WATER IS CURRENTLY BEING TRANSPORTED. WATER HAULER NAME: ______________ PHONE:____________ WATER SUPPLY: ___________________ LOCATION:_________ 10. The property is served by ◻ a private water company ◻ a municipal water provider ◻ a private well ◻ a shared well ◻ no well. If served by a shared well, the shared well ◻ is ◻ is not . . . . a public water system, as defined by the safe drinking water act (42 United States Code 300f). IF SERVED BY A PRIVATE WELL, ☐ IS ☐ IS NOT . . . . REGISTERED WITH THE ARIZONA DEPARTMENT OF WATER RESOURCES ☐ UNKNOWN. THE WELL ☐ DOES ☐ DOES NOT . . . . HAVE A PUMP COMPLETION REPORT ON FILE WITH THE ARIZONA DEPARTMENT OF WATER RESOURCES ☐ UNKNOWN. WELL REGISTRATION NUMBER: _______ Notice to buyer: If the property is served by a well, a private water company or a municipal water provider the Arizona department of water resources may not have made a water supply determination. WELLS REQUIRE MAINTENANCE. IT IS THE BUYER'S RESPONSIBILITY TO INSPECT A PRIVATE WELL. DUE TO GEOLOGIC CONDITIONS, WATER DELIVERY SYSTEMS OR WATER HAULING MAY BE REQUIRED. TRANSPORTING WATER BY WATER HAULING IS ACCEPTABLE. For more information about water supply, contact the water provider. 11. The property or the water used on the property ◻ is ◻ is not the subject of a statement of claimant for the use of water in a general adjudication of water rights. ◻ unknown. This is a lawsuit to determine the use of and relative priority of water rights. A map of adjudicated areas is available at the website of the department of water resources. 12. The property ◻ does have ◻ does not have . . . . an on-site wastewater treatment facility (i.e., standard septic or alternative system to treat and dispose of wastewater). ◻ unknown. If applicable: a) The property ◻ will ◻ will not . . . . require installation of an on-site wastewater treatment facility; b) The on-site wastewater treatment facility ◻ has ◻ has not been inspected. 13. The date the on-site wastewater treatment facility was last inspected: __(date)__ □ unknown. 14. If the on-site wastewater treatment facility is a standard septic system, the date the septic tank was last pumped: __(date)__ □ unknown. Notice to buyer: septic systems are lawful. Cesspools are UNLAWFUL. A person may not use a cesspool for sewage disposal. 13. 15. The property ◻ has been ◻ has not been . . . . subject to a percolation test. ◻ unknown. 14. 16. The property ◻ does have ◻ does not have one or more solar energy devices that are ◻ leased ◻ owned. Notice to buyer: If the property contains solar energy devices, it is the responsibility of the buyer to verify the proper replacement and disposal method for the devices, as applicable. If the solar energy devices are leased, the seller or property owner shall disclose the name and contact information of the leasing company. Leasing company name: _______________ Phone: _______________ 17. THE PROPERTY ◻ does have ◻ does not HAVE ONE OR MORE BATTERY ENERGY STORAGE DEVICES THAT ARE ◻ leased ◻ owned. IF THE BATTERY ENERGY STORAGE DEVICES ARE LEASED, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE LEASING COMPANY. LEASING COMPANY NAME: _________________ PHONE: ____________ 15. 18. The property ◻ does ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation. 16. 19. The sale of the property ◻ does ◻ does not . . . meet the requirements of A.R.S. 11-831 and 32-2181 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. it is unlawful pursuant to 11-831, subsection F and 32-2181, subsection D for a person or group of persons to attempt to avoid the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels. The county where the land division occurred or the state real estate department may investigate and ENFORCE the PROHIBITION AGAINST acting in CONCERt to UNLAWFULLY DIVIDE a PARCEL OF land into six or more lots or parcels. The seller or property owner shall disclose each of the deficiencies to the buyer. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 17. 20. The property ◻ is ◻ is not located in the clear zone of a military airport or ancillary military facility, as defined in A.R.S. 28-8461. (Maps are available at the state real estate department's website.) 18. 21. The property ◻ is ◻ is not located in the high noise or accident potential zone of a military airport or ancillary military facility, as defined in A.R.S. 28-8461. (Maps are available at the state real estate department's website.) 19. 22. Notice: If the property is located within the territory in the vicinity of a military airport or ancillary military facility, the property is required to comply with sound attenuation standards as prescribed by A.R.S. 28-8482. (Maps are available at the state real estate department's website.) 20. 23. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.) 21. 24. The property ◻ is ◻ is not located in a military electronics range as defined in A.R.S. 9-500.28 and 11-818. ◻ unknown. (Maps are available at the state real estate department's website.) 22. 25. Use of the property ◻ is ◻ is not limited in any way relating to an encumbrance of title due to a lis pendens, a court order or a state real estate department order or a pending legal action. If the use of the property is limited due to an encumbrance of title, the seller or property owner shall disclose the limitations to the buyer. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 26. SELLER ◻ IS A TRUSTEE IN A TRUSTEE'S SALE, A PERSON CONDUCTING AN EXECUTION SALE OR MORTGAGE FORECLOSURE OR A PERSONAL REPRESENTATIVE OF AN ESTATE AND INFORMATION IS UNKNOWN TO THAT SELLER. THE BUYER SHOULD INVESTIGATE THESE UNKNOWN ITEMS. This affidavit of disclosure supersedes any previously recorded affidavit of disclosure. I certify under penalty of perjury that the information contained in this affidavit is true, complete and correct according to my best belief and knowledge. Dated this (date) __ day of (year) by: Seller's name (print): ______________ Signature: _____________ Seller's name (print): ______________ Signature: _____________ State of Arizona ) ) ss. County of ___________) Subscribed and sworn before me this _ (date) __ day of (year) , by __________________________________. __________________________ Notary public My commission expires: (date) Buyer(s) hereby acknowledges receipt of a copy of this affidavit of disclosure this (date) day of (year) Buyer's name (print): _______________ Signature: _____________ Buyer's name (print): _______________ Signature: _____________ G. If the seller is a trustee of a subdivision trust as defined in section 6-801, the beneficiary of the subdivision trust shall provide the disclosure affidavit required by this section. G. h. For the purposes of this section, seller and subsequent seller do not include any of the following: 1. A trustee of a deed of trust who is selling property by a trustee's sale pursuant to chapter 6.1 of this title. or 2. Any officer who is selling property by execution sale pursuant to title 12, chapter 9 and chapter 6 of this title. If the seller is a trustee of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust. 3. A personal representative acting on behalf of an estate that is selling the property. END_STATUTE Sec. 2. Repeal Section 33-422, Arizona Revised Statutes, as amended by Laws 2023, chapter 77, section 3, is repealed.
	65	+	Be it enacted by the Legislature of the State of Arizona: Section 1. Section 33-422, Arizona Revised Statutes, as amended by Laws 2019, chapter 103, section 1 and chapter 131, section 1, is amended to read: START_STATUTE33-422. Land divisions; recording; disclosure affidavit A. 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 any parcel that is the subject of an affidavit recorded as prescriBed by this section 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. B. The affidavit must be written in twelve-point type. C. A release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is not valid or binding on the buyer. D. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer. E. The seller or, on the request, direction or instruction of the seller, the escrow agent for the transaction who is licensed pursuant to title 6, chapter 7, shall record the executed affidavit of disclosure at the same time that the deed is recorded. The county recorder is not required to verify the accuracy of any statement in the affidavit of disclosure. A subsequently recorded affidavit supersedes any previous affidavit and the subsequent seller or, on the request, direction or instruction of the subsequent seller, the escrow agent for the subsequent transaction who is licensed pursuant to title 6, chapter 7, shall record the subsequently executed affidavit prescribed by this section. A licensed escrow agent who records an affidavit pursuant to this subsection is not liable for any inaccurate information in the affidavit, including any omissions of material facts. F. The affidavit of disclosure shall contain all of the following DISCLOSURES, be completed by the seller, meet the requirements of section 11-480 and follow substantially the following form: When recorded mail to: __________________________ __________________________ __________________________ __________________________ Affidavit of Disclosure Pursuant to A.R.S. 33-422 I, ______________________________________________ (seller(s)) being duly sworn, hereby make this affidavit of disclosure relating to the real property situated in the unincorporated area of: _______________________, County, State of Arizona, located at: ______________________________________________________________ and legally described as: (Legal description attached hereto as exhibit "A") (property). 1. There ◻ is ◻ is not . . . . legal access to the property, as defined in A.R.S. 11-831 . . . . ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 2. There ◻ is ◻ is not . . . . physical access to the property. ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 3. There ◻ is ◻ is not . . . . a statement from a licensed surveyor or engineer available stating whether the property has physical access that is traversable by a two-wheel drive passenger motor vehicle. 4. The legal and physical access to the property ◻ is ◻ is not . . . . the same.... ◻ unknown ◻ not applicable. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ If access to the parcel is not traversable by emergency vehicles, the county and emergency service providers may not be held liable for any damages resulting from the inability to traverse the access to provide needed services. 5. The road(s) is/are ◻ publicly maintained ◻ privately maintained ◻ not maintained ◻ not applicable. If applicable, there ◻ is ◻ is not . . . . a recorded road maintenance agreement. If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility. 6. A portion or all of the property ◻ is ◻ is not . . . . located in a FEMA designated regulatory floodplain. If the property is in a floodplain, it may be subject to floodplain regulation. 7. The property ◻ is ◻ is not subject to ◻ fissures or ◻ expansive soils. ◻ unknown Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 8. The following services are currently provided to the property: ◻ water ◻ sewer ◻ electric ◻ natural gas ◻ single party telephone ◻ cable television services. 9. The property ◻ is ◻ is not . . . . served by a water supply that requires the transportation of water to the property. IF THE PROPERTY IS SERVED BY A WATER SUPPLY THAT REQUIRES THE TRANSPORTATION OF WATER TO THE PROPERTY, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE WATER HAULER OR WATER HAULING COMPANY THAT IS CURRENTLY PROVIDING THE TRANSPORTATION SERVICES TO THE PROPERTY AND THE NAME AND LOCATION OF THE WATER SUPPLY from WHICH THE WATER IS CURRENTLY BEING TRANSPORTED. WATER HAULER NAME: ______________ PHONE:____________ WATER SUPPLY: ___________________ LOCATION:_________ 10. The property is served by ◻ a private water company ◻ a municipal water provider ◻ a private well ◻ a shared well ◻ no well. If served by a shared well, the shared well ◻ is ◻ is not . . . . a public water system, as defined by the safe drinking water act (42 United States Code 300f). Notice to buyer: If the property is served by a well, a private water company or a municipal water provider the Arizona department of water resources may not have made a water supply determination. For more information about water supply, contact the water provider. 11. The property or the water used on the property ◻ is ◻ is not the subject of a statement of claimant for the use of water in a general adjudication of water rights. ◻ unknown. This is a lawsuit to determine the use of and relative priority of water rights. A map of adjudicated areas is available at the website of the department of water resources. 12. The property ◻ does have ◻ does not have . . . . an on-site wastewater treatment facility (i.e., standard septic or alternative system to treat and dispose of wastewater). ◻ unknown. If applicable: a) The property ◻ will ◻ will not . . . . require installation of an on-site wastewater treatment facility; b) The on-site wastewater treatment facility ◻ has ◻ has not been inspected. 13. The date the on-site wastewater treatment facility was last inspected: __(date)__ □ unknown. 14. If the on-site wastewater treatment facility is a standard septic system, the date the septic tank was last pumped: __(date)__ □ unknown. Notice to buyer: septic systems are lawful. Cesspools are UNLAWFUL. A person may not use a cesspool for sewage disposal. 13. 15. The property ◻ has been ◻ has not been . . . . subject to a percolation test. ◻ unknown. 14. 16. The property ◻ does have ◻ does not have one or more solar energy devices that are ◻ leased ◻ owned. Notice to buyer: If the property contains solar energy devices, it is the responsibility of the buyer to verify the proper replacement and disposal method for the devices, as applicable. If the solar energy devices are leased, the seller or property owner shall disclose the name and contact information of the leasing company. Leasing company name: _______________ Phone: _______________ 17. THE PROPERTY ◻ does have ◻ does not HAVE ONE OR MORE BATTERY ENERGY STORAGE DEVICES THAT ARE ◻ leased ◻ owned. IF THE BATTERY ENERGY STORAGE DEVICES ARE LEASED, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE LEASING COMPANY. LEASING COMPANY NAME: _________________ PHONE: ____________ 15. 18. The property ◻ does ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation. 16. 19. The sale of the property ◻ does ◻ does not . . . meet the requirements of A.R.S. 11-831 and 32-2181 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. it is unlawful pursuant to 11-831, subsection F and 32-2181, subsection D for a person or group of persons to attempt to avoid the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels. The county where the land division occurred or the state real estate department may investigate and ENFORCE the PROHIBITION AGAINST acting in CONCERt to UNLAWFULLY DIVIDE a PARCEL OF land into six or more lots or parcels. The seller or property owner shall disclose each of the deficiencies to the buyer. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 17. 20. The property ◻ is ◻ is not located in the clear zone of a military airport or ancillary military facility, as defined in A.R.S. 28-8461. (Maps are available at the state real estate department's website.) 18. 21. The property ◻ is ◻ is not located in the high noise or accident potential zone of a military airport or ancillary military facility, as defined in A.R.S. 28-8461. (Maps are available at the state real estate department's website.) 19. 22. Notice: If the property is located within the territory in the vicinity of a military airport or ancillary military facility, the property is required to comply with sound attenuation standards as prescribed by A.R.S. 28-8482. (Maps are available at the state real estate department's website.) 20. 23. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.) 21. 24. The property ◻ is ◻ is not located in a military electronics range as defined in A.R.S. 9-500.28 and 11-818. ◻ unknown. (Maps are available at the state real estate department's website.) 22. 25. Use of the property ◻ is ◻ is not limited in any way relating to an encumbrance of title due to a lis pendens, a court order or a state real estate department order or a pending legal action. If the use of the property is limited due to an encumbrance of title, the seller or property owner shall disclose the limitations to the buyer. Explain: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 26. SELLER ◻ IS A TRUSTEE IN A TRUSTEE'S SALE, A PERSON CONDUCTING AN EXECUTION SALE OR MORTGAGE FORECLOSURE OR A PERSONAL REPRESENTATIVE OF AN ESTATE AND INFORMATION IS UNKNOWN TO THAT SELLER. THE BUYER SHOULD INVESTIGATE THESE UNKNOWN ITEMS. This affidavit of disclosure supersedes any previously recorded affidavit of disclosure. I certify under penalty of perjury that the information contained in this affidavit is true, complete and correct according to my best belief and knowledge. Dated this (date) __ day of (year) by: Seller's name (print): ______________ Signature: _____________ Seller's name (print): ______________ Signature: _____________ State of Arizona ) ) ss. County of ___________) Subscribed and sworn before me this _ (date) __ day of (year) , by __________________________________. __________________________ Notary public My commission expires: (date) Buyer(s) hereby acknowledges receipt of a copy of this affidavit of disclosure this (date) day of (year) Buyer's name (print): _______________ Signature: _____________ Buyer's name (print): _______________ Signature: _____________ G. If the seller is a trustee of a subdivision trust as defined in section 6-801, the beneficiary of the subdivision trust shall provide the disclosure affidavit required by this section. G. h. For the purposes of this section, seller and subsequent seller do not include any of the following: 1. A trustee of a deed of trust who is selling property by a trustee's sale pursuant to chapter 6.1 of this title. or 2. Any officer who is selling property by execution sale pursuant to title 12, chapter 9 and chapter 6 of this title. If the seller is a trustee of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust. 3. A personal representative acting on behalf of an estate that is selling the property. END_STATUTE Sec. 2. Repeal Section 33-422, Arizona Revised Statutes, as amended by Laws 2023, chapter 77, section 3, is repealed.
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69	67		Be it enacted by the Legislature of the State of Arizona:
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71	69		Section 1. Section 33-422, Arizona Revised Statutes, as amended by Laws 2019, chapter 103, section 1 and chapter 131, section 1, is amended to read:
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73	71		START_STATUTE33-422. Land divisions; recording; disclosure affidavit
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75	73		A. 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 any parcel that is the subject of an affidavit recorded as prescriBed by this section 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.
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77	75		B. The affidavit must be written in twelve-point type.
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79	77		C. A release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is not valid or binding on the buyer.
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81	79		D. The buyer has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer.
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83	81		E. The seller or, on the request, direction or instruction of the seller, the escrow agent for the transaction who is licensed pursuant to title 6, chapter 7, shall record the executed affidavit of disclosure at the same time that the deed is recorded. The county recorder is not required to verify the accuracy of any statement in the affidavit of disclosure. A subsequently recorded affidavit supersedes any previous affidavit and the subsequent seller or, on the request, direction or instruction of the subsequent seller, the escrow agent for the subsequent transaction who is licensed pursuant to title 6, chapter 7, shall record the subsequently executed affidavit prescribed by this section. A licensed escrow agent who records an affidavit pursuant to this subsection is not liable for any inaccurate information in the affidavit, including any omissions of material facts.
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85	83		F. The affidavit of disclosure shall contain all of the following DISCLOSURES, be completed by the seller, meet the requirements of section 11-480 and follow substantially the following form:
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87	85		When recorded mail to:
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89	87		__________________________
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91	89		__________________________
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93	91		__________________________
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95	93		__________________________
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97	95		Affidavit of Disclosure
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99	97		Pursuant to A.R.S. 33-422
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101	99		I, ______________________________________________ (seller(s)) being duly sworn, hereby make this affidavit of disclosure relating to the real property situated in the unincorporated area of:
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103	101		_______________________, County, State of Arizona, located at:
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105	103		______________________________________________________________
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107	105		and legally described as:
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109	107		(Legal description attached hereto as exhibit "A")
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111	109		(property).
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113	111		1. There ◻ is ◻ is not . . . . legal access to the property, as defined in A.R.S. 11-831 . . . . ◻ unknown
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115	113		Explain: ____________________________________________________
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117	115		______________________________________________________________
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119	117		______________________________________________________________
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121	119		2. There ◻ is ◻ is not . . . . physical access to the property. ◻ unknown
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123	121		Explain: ____________________________________________________
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125	123		______________________________________________________________
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127	125		______________________________________________________________
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129	127		3. There ◻ is ◻ is not . . . . a statement from a licensed surveyor or engineer available stating whether the property has physical access that is traversable by a two-wheel drive passenger motor vehicle.
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131	129		4. The legal and physical access to the property ◻ is ◻ is not . . . . the same.... ◻ unknown ◻ not applicable.
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133	131		Explain: ____________________________________________________
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135	133		______________________________________________________________
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137	135		______________________________________________________________
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139	137		If access to the parcel is not traversable by emergency vehicles, the county and emergency service providers may not be held liable for any damages resulting from the inability to traverse the access to provide needed services.
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141	139		5. The road(s) is/are ◻ publicly maintained ◻ privately maintained ◻ not maintained ◻ not applicable. If applicable, there ◻ is ◻ is not . . . . a recorded road maintenance agreement.
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143	141		If the roads are not publicly maintained, it is the responsibility of the property owner(s) to maintain the roads and roads that are not improved to county standards and accepted for maintenance are not the county's responsibility.
144	142
145	143		6. A portion or all of the property ◻ is ◻ is not . . . . located in a FEMA designated regulatory floodplain. If the property is in a floodplain, it may be subject to floodplain regulation.
146	144
147	145		7. The property ◻ is ◻ is not subject to ◻ fissures or ◻ expansive soils. ◻ unknown
148	146
149	147		Explain: ____________________________________________________
150	148
151	149		______________________________________________________________
152	150
153	151		______________________________________________________________
154	152
155	153		8. The following services are currently provided to the property: ◻ water ◻ sewer ◻ electric ◻ natural gas ◻ single party telephone ◻ cable television services.
156	154
157	155		9. The property ◻ is ◻ is not . . . . served by a water supply that requires the transportation of water to the property. IF THE PROPERTY IS SERVED BY A WATER SUPPLY THAT REQUIRES THE TRANSPORTATION OF WATER TO THE PROPERTY, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE WATER HAULER OR WATER HAULING COMPANY THAT IS CURRENTLY PROVIDING THE TRANSPORTATION SERVICES TO THE PROPERTY AND THE NAME AND LOCATION OF THE WATER SUPPLY from WHICH THE WATER IS CURRENTLY BEING TRANSPORTED.
158	156
159	157		WATER HAULER NAME: ______________ PHONE:____________
160	158
161	159		WATER SUPPLY: ___________________ LOCATION:_________
162	160
163		-	10. The property is served by ◻ a private water company ◻ a municipal water provider ◻ a private well ◻ a shared well ◻ no well. If served by a shared well, the shared well ◻ is ◻ is not . . . . a public water system, as defined by the safe drinking water act (42 United States Code 300f). IF SERVED BY A PRIVATE WELL, ☐ IS ☐ IS NOT . . . . REGISTERED WITH THE ARIZONA DEPARTMENT OF WATER RESOURCES ☐ UNKNOWN. THE WELL ☐ DOES ☐ DOES NOT . . . . HAVE A PUMP COMPLETION REPORT ON FILE WITH THE ARIZONA DEPARTMENT OF WATER RESOURCES ☐ UNKNOWN. WELL REGISTRATION NUMBER: _______
	161	+	10. The property is served by ◻ a private water company ◻ a municipal water provider ◻ a private well ◻ a shared well ◻ no well. If served by a shared well, the shared well ◻ is ◻ is not . . . . a public water system, as defined by the safe drinking water act (42 United States Code 300f).
164	162
165		-	Notice to buyer: If the property is served by a well, a private water company or a municipal water provider the Arizona department of water resources may not have made a water supply determination. WELLS REQUIRE MAINTENANCE. IT IS THE BUYER'S RESPONSIBILITY TO INSPECT A PRIVATE WELL. DUE TO GEOLOGIC CONDITIONS, WATER DELIVERY SYSTEMS OR WATER HAULING MAY BE REQUIRED. TRANSPORTING WATER BY WATER HAULING IS ACCEPTABLE. For more information about water supply, contact the water provider.
	163	+	Notice to buyer: If the property is served by a well, a private water company or a municipal water provider the Arizona department of water resources may not have made a water supply determination. For more information about water supply, contact the water provider.
166	164
167	165		11. The property or the water used on the property ◻ is ◻ is not the subject of a statement of claimant for the use of water in a general adjudication of water rights. ◻ unknown.
168	166
169	167		This is a lawsuit to determine the use of and relative priority of water rights. A map of adjudicated areas is available at the website of the department of water resources.
170	168
171	169		12. The property ◻ does have ◻ does not have . . . . an on-site wastewater treatment facility (i.e., standard septic or alternative system to treat and dispose of wastewater). ◻ unknown. If applicable: a) The property ◻ will ◻ will not . . . . require installation of an on-site wastewater treatment facility; b) The on-site wastewater treatment facility ◻ has ◻ has not been inspected.
172	170
173	171		13. The date the on-site wastewater treatment facility was last inspected: __(date)__ □ unknown.
174	172
175	173		14. If the on-site wastewater treatment facility is a standard septic system, the date the septic tank was last pumped: __(date)__ □ unknown.
176	174
177	175		Notice to buyer: septic systems are lawful.
178	176
179	177		Cesspools are UNLAWFUL.
180	178
181	179		A person may not use a cesspool for sewage disposal.
182	180
183	181		13. 15. The property ◻ has been ◻ has not been . . . . subject to a percolation test. ◻ unknown.
184	182
185	183		14. 16. The property ◻ does have ◻ does not have one or more solar energy devices that are ◻ leased ◻ owned.
186	184
187	185		Notice to buyer: If the property contains solar energy devices, it is the responsibility of the buyer to verify the proper replacement and disposal method for the devices, as applicable. If the solar energy devices are leased, the seller or property owner shall disclose the name and contact information of the leasing company.
188	186
189	187		Leasing company name: _______________ Phone: _______________
190	188
191	189		17. THE PROPERTY ◻ does have ◻ does not HAVE ONE OR MORE BATTERY ENERGY STORAGE DEVICES THAT ARE ◻ leased ◻ owned.
192	190
193	191		IF THE BATTERY ENERGY STORAGE DEVICES ARE LEASED, THE SELLER SHALL DISCLOSE THE NAME AND CONTACT INFORMATION OF THE LEASING COMPANY.
194	192
195	193		LEASING COMPANY NAME: _________________ PHONE: ____________
196	194
197	195		15. 18. The property ◻ does ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation.
198	196
199	197		16. 19. The sale of the property ◻ does ◻ does not . . . meet the requirements of A.R.S. 11-831 and 32-2181 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. it is unlawful pursuant to 11-831, subsection F and 32-2181, subsection D for a person or group of persons to attempt to avoid the subdivision laws of this state by acting in concert to divide a parcel of land into six or more lots or parcels. The county where the land division occurred or the state real estate department may investigate and ENFORCE the PROHIBITION AGAINST acting in CONCERt to UNLAWFULLY DIVIDE a PARCEL OF land into six or more lots or parcels. The seller or property owner shall disclose each of the deficiencies to the buyer.
200	198
201	199		Explain: ____________________________________________________
202	200
203	201		______________________________________________________________
204	202
205	203		______________________________________________________________
206	204
207	205		17. 20. The property ◻ is ◻ is not located in the clear zone of a military airport or ancillary military facility, as defined in A.R.S. 28-8461. (Maps are available at the state real estate department's website.)
208	206
209	207		18. 21. The property ◻ is ◻ is not located in the high noise or accident potential zone of a military airport or ancillary military facility, as defined in A.R.S. 28-8461. (Maps are available at the state real estate department's website.)
210	208
211	209		19. 22. Notice: If the property is located within the territory in the vicinity of a military airport or ancillary military facility, the property is required to comply with sound attenuation standards as prescribed by A.R.S. 28-8482. (Maps are available at the state real estate department's website.)
212	210
213	211		20. 23. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.)
214	212
215	213		21. 24. The property ◻ is ◻ is not located in a military electronics range as defined in A.R.S. 9-500.28 and 11-818. ◻ unknown. (Maps are available at the state real estate department's website.)
216	214
217	215		22. 25. Use of the property ◻ is ◻ is not limited in any way relating to an encumbrance of title due to a lis pendens, a court order or a state real estate department order or a pending legal action. If the use of the property is limited due to an encumbrance of title, the seller or property owner shall disclose the limitations to the buyer.
218	216
219	217		Explain: ____________________________________________________
220	218
221	219		______________________________________________________________
222	220
223	221		______________________________________________________________
224	222
225	223		26. SELLER ◻ IS A TRUSTEE IN A TRUSTEE'S SALE, A PERSON CONDUCTING AN EXECUTION SALE OR MORTGAGE FORECLOSURE OR A PERSONAL REPRESENTATIVE OF AN ESTATE AND INFORMATION IS UNKNOWN TO THAT SELLER.
226	224
227	225		THE BUYER SHOULD INVESTIGATE THESE UNKNOWN ITEMS.
228	226
229	227		This affidavit of disclosure supersedes any previously recorded affidavit of disclosure.
230	228
231	229		I certify under penalty of perjury that the information contained in this affidavit is true, complete and correct according to my best belief and knowledge.
232	230
233	231		Dated this (date) __ day of (year) by:
234	232
235	233		Seller's name (print): ______________ Signature: _____________
236	234
237	235		Seller's name (print): ______________ Signature: _____________
238	236
239	237		State of Arizona )
240	238
241	239		) ss.
242	240
243	241		County of ___________)
244	242
245	243		Subscribed and sworn before me this _ (date) __ day of (year) , by __________________________________.
246	244
247	245		__________________________
248	246
249	247		Notary public
250	248
251	249		My commission expires:
252	250
253	251		(date)
254	252
255	253		Buyer(s) hereby acknowledges receipt of a copy of this affidavit of disclosure this (date) day of (year)
256	254
257	255		Buyer's name (print): _______________ Signature: _____________
258	256
259	257		Buyer's name (print): _______________ Signature: _____________
260	258
261	259
262	260
263	261		G. If the seller is a trustee of a subdivision trust as defined in section 6-801, the beneficiary of the subdivision trust shall provide the disclosure affidavit required by this section.
264	262
265	263		G. h. For the purposes of this section, seller and subsequent seller do not include any of the following:
266	264
267	265		1. A trustee of a deed of trust who is selling property by a trustee's sale pursuant to chapter 6.1 of this title. or
268	266
269	267		2. Any officer who is selling property by execution sale pursuant to title 12, chapter 9 and chapter 6 of this title. If the seller is a trustee of a subdivision trust as defined in section 6-801, the disclosure affidavit required by this section shall be provided by the beneficiary of the subdivision trust.
270	268
271	269		3. A personal representative acting on behalf of an estate that is selling the property. END_STATUTE
272	270
273	271		Sec. 2. Repeal
274	272
275	273		Section 33-422, Arizona Revised Statutes, as amended by Laws 2023, chapter 77, section 3, is repealed.