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Arizona House Bill HB2092

Arizona 2025 Regular Session

Arizona House Bill HB2092 Compare Versions

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1-Senate Engrossed House Bill land divisions; disclosure affidavit; recording State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HOUSE BILL 2092 An Act amending section 33-422, Arizona Revised Statutes; 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-seventh Legislature First Regular Session 2025 HOUSE BILL 2092 An Act amending section 33-422, Arizona Revised Statutes; relating to property. (TEXT OF BILL BEGINS ON NEXT PAGE)
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3-Senate Engrossed House Bill land divisions; disclosure affidavit; recording
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9+House Engrossed land divisions; disclosure affidavit; recording
410 State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
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1933 First Regular Session
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2757 amending section 33-422, Arizona Revised Statutes; relating to property.
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31-Be it enacted by the Legislature of the State of Arizona: Section 1. Section 33-422, Arizona Revised Statutes, 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. If the solar energy devices are leased, the seller shall disclose the name and contact information of the leasing company. Leasing company name: _______________ Phone: _______________ 15. 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: ____________ 16. 18. The property ◻ does ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation. 17. 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 A.R.S. 11-831, subsection F and A.R.S. 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: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 18. 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.) 19. 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.) 20. 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.) 21. 23. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.) 22. 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.) 23. 25. The property ◻ is ◻ is not located within the influence area of a military installation or range or Arizona national guard site as defined in sections A.R.S. 9-500.50 and 11-818.01 (Maps are available at the state real estate department website.) 24. 26. 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: _____________________________________________________ ______________________________________________________________ ______________________________________________________________ 27. If the property was sold pursuant to a trustee's sale, or an execution sale or mortgage foreclosure or by a personal representative of an estate, those persons are exempt from providing an affidavit, and the buyer should investigate these unknown items. THE BUYER SHOULD INVESTIGATE THESE UNKNOWN ITEMS.If the property was sold pursuant to a trustee's sale, or an execution sale or mortgage foreclosure or by a personal representative of an estate, those persons are exempt from providing an affidavit, and 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
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69+ Be it enacted by the Legislature of the State of Arizona: Section 1. Section 33-422, Arizona Revised Statutes, 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. If the solar energy devices are leased, the seller shall disclose the name and contact information of the leasing company. Leasing company name: _______________ Phone: _______________ 15. 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: ____________ 16. 18. The property ◻ does ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation. 17. 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 A.R.S. 11-831, subsection F and A.R.S. 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: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 18. 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.) 19. 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.) 20. 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.) 21. 23. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.) 22. 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.) 23. 25. The property ◻ is ◻ is not located within the influence area of a military installation or range or Arizona national guard site as defined in sections A.R.S. 9-500.50 and 11-818.01 (Maps are available at the state real estate department website.) 24. 26. 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: ____________________________________________________ ______________________________________________________________ ______________________________________________________________ 27. 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
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3371 Be it enacted by the Legislature of the State of Arizona:
3472
3573 Section 1. Section 33-422, Arizona Revised Statutes, is amended to read:
3674
3775 START_STATUTE33-422. Land divisions; recording; disclosure affidavit
3876
3977 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.
4078
4179 B. The affidavit must be written in twelve-point type.
4280
4381 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.
4482
4583 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.
4684
4785 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.
4886
4987 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:
5088
5189 When recorded mail to:
5290
5391 __________________________
5492
5593 __________________________
5694
5795 __________________________
5896
5997 __________________________
6098
6199 Affidavit of Disclosure
62100
63101 Pursuant to A.R.S. 33-422
64102
65103 I, ______________________________________________ (seller(s)) being duly sworn, hereby make this affidavit of disclosure relating to the real property situated in the unincorporated area of:
66104
67105 _______________________, County, State of Arizona, located at:
68106
69107 ______________________________________________________________
70108
71109 and legally described as:
72110
73111 (Legal description attached hereto as exhibit "A")
74112
75113 (property).
76114
77115 1. There ◻ is ◻ is not . . . . legal access to the property, as defined in A.R.S. 11-831 . . . . ◻ unknown
78116
79117 Explain: ____________________________________________________
80118
81119 ______________________________________________________________
82120
83121 ______________________________________________________________
84122
85123 2. There ◻ is ◻ is not . . . . physical access to the property. ◻ unknown
86124
87125 Explain: ____________________________________________________
88126
89127 ______________________________________________________________
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91129 ______________________________________________________________
92130
93131 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.
94132
95133 4. The legal and physical access to the property ◻ is ◻ is not . . . . the same....◻ unknown ◻ not applicable.
96134
97135 Explain: ____________________________________________________
98136
99137 ______________________________________________________________
100138
101139 ______________________________________________________________
102140
103141 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.
104142
105143 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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107145 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.
108146
109147 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.
110148
111149 7. The property ◻ is ◻ is not subject to ◻ fissures or ◻ expansive soils. ◻ unknown
112150
113-Explain: _____________________________________________________
151+Explain: ____________________________________________________
114152
115153 ______________________________________________________________
116154
117155 ______________________________________________________________
118156
119157 8. The following services are currently provided to the property: ◻ water ◻ sewer ◻ electric ◻ natural gas ◻ single party telephone ◻ cable television services.
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121159 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.
122160
123161 Water hauler name: ______________ Phone:__________
124162
125163 Water supply: __________________ Location:_________
126164
127165 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: _______
128166
129167 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.
130168
131169 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.
132170
133171 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.
134172
135173 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.
136174
137175 13. THE DATE THE ON-SITE WASTEWATER TREATMENT FACILITY WAS LAST INSPECTED: __(DATE)__ □ UNKNOWN.
138176
139177 14. IF THE ON-SITE WASTEWATER TREATMENT FACILITY IS A STANDARD SEPTIC SYSTEM, THE DATE THE SEPTIC TANK WAS LAST PUMPED: __(DATE)__ □ UNKNOWN.
140178
141179 NOTICE TO BUYER: SEPTIC SYSTEMS ARE LAWFUL.
142180
143181 CESSPOOLS ARE UNLAWFUL.
144182
145183 A PERSON MAY NOT USE A CESSPOOL FOR SEWAGE disposal.
146184
147185 13. 15. The property ◻ has been ◻ has not been . . . . subject to a percolation test. ◻ unknown.
148186
149187 14. 16. The property ◻ does have ◻ does not have one or more solar energy devices that are ◻ leased ◻ owned.
150188
151189 If the solar energy devices are leased, the seller shall disclose the name and contact information of the leasing company.
152190
153191 Leasing company name: _______________ Phone: _______________
154192
155193 15. 17. The property ◻ does have ◻ does not have one or more battery energy storage devices that are ◻ leased ◻ owned.
156194
157195 If the battery energy storage devices are leased, the seller shall disclose the name and contact information of the leasing company.
158196
159197 Leasing company name: _________________ Phone: ____________
160198
161199 16. 18. The property ◻ does ◻ does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation.
162200
163201 17. 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 A.R.S. 11-831, subsection F and A.R.S. 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.
164202
165203 Explain: ____________________________________________________
166204
167205 ______________________________________________________________
168206
169207 ______________________________________________________________
170208
171209 18. 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.)
172210
173211 19. 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.)
174212
175213 20. 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.)
176214
177215 21. 23. The property ◻ is ◻ is not located under military restricted airspace. ◻ unknown. (Maps are available at the state real estate department's website.)
178216
179217 22. 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.)
180218
181219 23. 25. The property ◻ is ◻ is not located within the influence area of a military installation or range or Arizona national guard site as defined in sections A.R.S. 9-500.50 and 11-818.01 (Maps are available at the state real estate department website.)
182220
183221 24. 26. 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.
184222
185-Explain: _____________________________________________________
223+Explain: ____________________________________________________
186224
187225 ______________________________________________________________
188226
189227 ______________________________________________________________
190228
191-27. If the property was sold pursuant to a trustee's sale, or an execution sale or mortgage foreclosure or by a personal representative of an estate, those persons are exempt from providing an affidavit, and the buyer should investigate these unknown items.
229+27. 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.
192230
193-THE BUYER SHOULD INVESTIGATE THESE UNKNOWN ITEMS.If the property was sold pursuant to a trustee's sale, or an execution sale or mortgage foreclosure or by a personal representative of an estate, those persons are exempt from providing an affidavit, and the buyer should investigate these unknown items.
231+THE BUYER SHOULD INVESTIGATE THESE UNKNOWN ITEMS.
194232
195233 This affidavit of disclosure supersedes any previously recorded affidavit of disclosure.
196234
197235 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.
198236
199237 Dated this (date) __ day of (year) by:
200238
201239 Seller's name (print): ______________ Signature: _____________
202240
203241 Seller's name (print): ______________ Signature: _____________
204242
205243 State of Arizona )
206244
207245 ) ss.
208246
209247 County of _________)
210248
211249 Subscribed and sworn before me this _ (date) __ day of (year) , by ________________________________________.
212250
213251 __________________________
214252
215253 Notary public
216254
217255 My commission expires:
218256
219257 (date)
220258
221259 Buyer(s) hereby acknowledges receipt of a copy of this affidavit of disclosure this (date) day of (year)
222260
223261 Buyer's name (print): _______________ Signature: _____________
224262
225263 Buyer's name (print): _______________ Signature: _____________
226264
227265 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.
228266
229267 G. H. For the purposes of this section, seller and subsequent seller do not include any of the following:
230268
231269 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
232270
233271 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.
234272
235273 3. A PERSONAL representative acting on behalf of an estate that is selling the property.END_STATUTE