Arizona Real Estate Forms & Disclosure Guide

Arizona law requires specific disclosures in real estate transactions to protect buyers and ensure informed consent. Sellers of residential property must complete the Seller Property Disclosure Statement (SPDS) under A.R.S. § 33-422. Written agency disclosure is mandatory at first substantive contact under A.R.S. § 32-2151.02. Dual agency requires informed written consent from all parties. Buyers generally have five (5) calendar days after receipt of the SPDS to rescind the purchase contract.

All user-provided information appears below in [[Token Name]] format. Fixed statutory requirements, timelines, and duties are stated in full.

Seller Property Disclosure Statement (SPDS)

Governing Statute: A.R.S. § 33-422

Purpose: The SPDS requires the seller to disclose all known material defects affecting the property. "Material defect" means a condition that would significantly affect the value or desirability of the property to a reasonable buyer.

Delivery Timing: The SPDS must be delivered to the buyer prior to or at the time the buyer signs the purchase contract in most transactions. Failure to deliver can extend buyer rights or create liability.

Buyer Rescission: Upon receipt of the SPDS, the buyer has five (5) calendar days to rescind the contract in writing without penalty, unless otherwise agreed in the contract.

Who Completes: All sellers on title. If multiple owners, all must sign or initial.

Continuing Duty: Seller must update the SPDS if new material facts become known before closing.

Property Identification

1. Full legal address of the property: [[Full Street Address, City, Arizona, ZIP Code]]

2. Legal description or parcel number (APN): [[Legal Description or Assessor's Parcel Number]]

3. Year built: [[Year Built]]

4. Type of property: [[Single-family / Townhouse / Condominium / Manufactured / Multi-family / Vacant Land / Other]]

5. Approximate living area: [[Square Footage]] square feet

6. Lot size: [[Lot Size in Acres or Sq Ft]]

7. Current occupancy status: [[Owner-occupied / Tenant-occupied / Vacant]]

8. Seller(s) full legal name(s): [[Seller Full Legal Name(s)]]

9. Date this disclosure completed: [[Disclosure Date]]

Structural and Foundation

1. Are there any known defects or problems with the foundation, slab, basement, or crawl space? [[Yes / No / Unknown]] If yes, describe: [[Description of Known Issues]]

2. Has the roof been replaced or repaired? [[Yes / No]] Year of most recent work: [[Year]] Type of roof: [[Asphalt Shingle / Tile / Metal / Flat / Other]]

3. Are there any known roof leaks, water intrusion, or structural issues with roof, ceilings, or walls? [[Yes / No]] Details: [[Details]]

4. Any known settling, cracking, or movement in floors, walls, or ceilings? [[Yes / No]] Description: [[Description]]

5. Any unpermitted additions, alterations, or structures on the property? [[Yes / No]] Details: [[Details and Permits Status]]

6. Any open building permits or code violations? [[Yes / No]] Description: [[Description]]

Systems and Utilities

1. Electrical system condition and known issues: [[Description or "None Known"]]

2. Plumbing system condition and known issues: [[Description or "None Known"]]

3. HVAC (heating, ventilation, air conditioning) condition and known issues: [[Description or "None Known"]]

4. Water heater age and condition: [[Description or "None Known"]]

5. Septic system or sewer connection: [[Septic / Sewer]] Age and last service: [[Details or "None Known"]]

6. Well or municipal water: [[Well / Municipal]] Condition: [[Details or "None Known"]]

7. Any known problems with appliances included in sale? [[Yes / No]] List: [[List or "N/A"]]

Environmental and Hazards

1. Any known presence of mold, water damage, or moisture issues? [[Yes / No]] Details: [[Details]]

2. Any known asbestos-containing materials? [[Yes / No / Unknown]] Location: [[Details]]

3. Any known lead-based paint or lead hazards (required if built before 1978)? [[Yes / No / Unknown]] Details: [[Details]]

4. Radon testing results or knowledge of radon: [[Yes / No / Unknown]] Levels if known: [[Details]]

5. Any history of flooding, drainage issues, or water intrusion on the lot? [[Yes / No]] Details: [[Details]]

6. Any environmental contamination, hazardous materials, or underground storage tanks? [[Yes / No]] Details: [[Details]]

7. Pest infestation history (termites, scorpions, rodents, etc.)? [[Yes / No]] Treatment records: [[Details]]

Title, Legal, and Financial

1. Any known title defects, liens, encumbrances, or easements other than standard? [[Yes / No]] Details: [[Details]]

2. Any HOA, condominium, or planned community? [[Yes / No]] Name: [[HOA Name]] Monthly dues: [[Amount]] Special assessments pending: [[Yes / No]] Details: [[Details]]

3. Any known boundary disputes, encroachments, or neighbor issues? [[Yes / No]] Details: [[Details]]

4. Any pending or threatened litigation affecting the property? [[Yes / No]] Details: [[Details]]

5. Any insurance claims filed in last five years? [[Yes / No]] Details including cause and repairs: [[Details]]

6. Any transfer fees, development fees, or impact fees due on sale? [[Yes / No]] Amount: [[Amount or "N/A"]]

7. Property taxes current? [[Yes / No]] Amount of most recent tax bill: [[Amount]]

Use and Zoning

1. Current zoning classification: [[Zoning or "Unknown"]]

2. Any known nonconforming uses or zoning violations? [[Yes / No]] Details: [[Details]]

3. Any restrictions on use (CC&Rs, easements, historic district)? [[Yes / No]] Summary: [[Summary]]

4. Any short-term rental restrictions or ordinances applicable? [[Yes / No]] Details: [[Details]]

Seller Acknowledgments

Seller represents that the information provided is true and complete to the best of Seller's actual knowledge as of the date signed. Seller has a duty to update this disclosure if material information changes before closing.

Seller Signature: _______________________________ Date: [[Date]]

Seller Signature: _______________________________ Date: [[Date]]

Buyer Acknowledgments

Buyer acknowledges receipt of this disclosure on [[Receipt Date]].

Buyer has five (5) calendar days from receipt to rescind the purchase contract in writing.

Buyer Signature: _______________________________ Date: [[Date]]

Buyer Signature: _______________________________ Date: [[Date]]

Agency Relationship Disclosures

Governing Statute: A.R.S. § 32-2151.02

Requirement: A written agency disclosure must be provided to the buyer and seller at the first substantive contact with a real estate professional.

Agency Options in Arizona:

1. Seller's Agent (Listing Agent), represents only the seller.

2. Buyer's Agent, represents only the buyer.

3. Dual Agent, represents both buyer and seller with written informed consent from both.

4. Transaction Broker or Facilitator, assists both parties without fiduciary representation.

Dual Agency Consent Requirements

Dual agency is permitted only with the prior written informed consent of both the buyer and the seller. The consent must explain the duties the agent will and will not perform for each party, the limitations on loyalty, and the potential conflicts.

Dual Agency Disclosure and Consent Form (Sample Structure)

1. The real estate broker [[Brokerage Name]] and agent [[Agent Name]] propose to act as a dual agent in the transaction involving the property at [[Property Address]].

2. Seller acknowledges that the agent will not disclose to the other party without consent: (a) that Seller will accept a price less than the listed price; (b) Seller's motivation for selling; (c) any confidential information about Seller.

3. Buyer acknowledges that the agent will not disclose to the other party without consent: (a) that Buyer will pay more than the offered price; (b) Buyer's motivation for buying; (c) any confidential information about Buyer.

4. Each party has received and read the "Understanding Dual Agency" explanation provided by the broker.

5. Seller consents to dual agency: [[Seller Initials / Signature and Date]]

6. Buyer consents to dual agency: [[Buyer Initials / Signature and Date]]

First Substantive Contact Record

Date of first substantive contact: [[Date]]

Method: [[In Person / Phone / Email / Virtual]]

Parties present: [[Names]]

Disclosure provided: [[Yes / No, Form Used]]

Buyer Rescission and Inspection Rights

After receiving the completed SPDS, buyer has the following rights:

1. Five (5) calendar days (or contract-specified period) to review the SPDS and conduct inspections.

2. Right to rescind the contract in writing within the five-day period for any reason related to the disclosures or discovered conditions.

3. Right to request repairs, credits, or other concessions based on disclosed or discovered defects.

4. Right to terminate if material defects are disclosed that were not previously known.

The contract may provide additional inspection periods independent of the SPDS rescission window.

Other Required Disclosures and Forms

Lead-Based Paint Disclosure (Federal, Pre-1978 Housing)

1. Seller must disclose known lead-based paint or hazards.

2. Provide EPA pamphlet "Protect Your Family From Lead in Your Home".

3. Buyer has 10 days to conduct lead-based paint inspection (or waive).

4. Form must be signed by seller, buyer, and agents.

HOA / Condominium Disclosures

1. Seller must provide current HOA/condo documents, financials, meeting minutes, and rules.

2. Buyer typically has three (3) days after receipt to rescind in many contracts.

Flood and Natural Hazard Information

1. Seller must disclose known flood history.

2. Buyer should obtain flood zone determination from FEMA maps or insurance agent.

3. Arizona properties may also require disclosure of other hazards such as expansive soils or subsidence.

Megan's Law / Sex Offender Registry

Arizona does not require seller or agent to disclose proximity of registered sex offenders. Buyer may search the Arizona Department of Public Safety registry independently.

Death or Psychological Stigma

Arizona generally does not require disclosure of death on property or stigmatizing events unless material to value and not readily observable. Seller must answer truthfully if asked.

Septic and Well Disclosures

If applicable:

1. Septic system location, permit, last pumped, and any known failures.

2. Well registration, production, water quality reports, and any known contamination.

Seller Financing Disclosures

If seller financing is offered:

1. Disclosure of all terms.

2. Compliance with any applicable usury or consumer credit laws.

3. Any balloon payment warnings.

Role-Specific Guidance

For Sellers:

1. Complete the SPDS honestly and completely based on actual knowledge.

2. Provide the disclosure in a timely manner as required by contract.

3. Update the disclosure promptly if conditions change.

4. Cooperate with buyer inspections and repair negotiations.

5. Ensure any agency agreement is in writing and understood.

For Buyers:

1. Review the SPDS carefully upon receipt and note the five-day rescission clock.

2. Hire qualified inspectors for structural, roof, mechanical, environmental, and pest.

3. Verify all material disclosures with independent sources where possible.

4. Confirm agency relationship in writing at first contact.

5. Ask direct questions about any concerns raised by the disclosures.

For Real Estate Agents:

1. Deliver written agency disclosure at first substantive contact and document it.

2. Ensure SPDS is completed and delivered on time.

3. Facilitate delivery of all required supplemental disclosures (lead, HOA, etc.).

4. Maintain neutrality in dual agency and obtain proper consents in advance.

5. Advise clients to seek legal counsel for complex issues; do not practice law.

Checklists

Seller Pre-Listing Checklist

1. Gather all known property records, repair receipts, warranties, permits, and inspection reports.

2. Complete the SPDS accurately; mark "Unknown" where appropriate rather than guessing.

3. Order any required HOA estoppel or disclosure packages early.

4. Prepare lead-based paint addendum if property was built before 1978.

5. Review and sign agency agreement with listing broker.

6. Disclose any material facts even if not on the form.

Buyer Pre-Offer / Due Diligence Checklist

1. Confirm receipt and review of SPDS before contract execution or within required window.

2. Review agency disclosure and confirm representation.

3. Schedule professional home, roof, HVAC, plumbing, electrical, and pest inspections.

4. Review HOA documents, budgets, reserves, and special assessments if applicable.

5. Obtain flood determination and insurance quotes.

6. Verify title commitment exceptions and survey if ordered.

7. Confirm all required signatures on disclosures and contract addenda.

8. Exercise rescission right in writing before deadline if electing to cancel.

Agent Transaction Checklist

1. Provide agency disclosure form at first substantive contact; retain signed copy.

2. Deliver or confirm delivery of SPDS within contract timelines.

3. Confirm lead paint disclosure and pamphlet delivery for pre-1978 homes.

4. Calendar buyer's five-day SPDS review period and any HOA rescission windows.

5. Document all disclosures provided and dates of delivery in writing.

6. Advise on wire fraud prevention and verify closing instructions verbally.

7. Ensure dual agency consent forms are signed by all parties before any confidential information is shared.

Execution and Acknowledgments

Seller Certification

I/we certify that the information in this disclosure guide and any attached SPDS is true and complete to the best of my/our actual knowledge. I/we understand the duty to update.

Seller(s): [[Seller Full Legal Name(s)]]

Signature: ____________________________ Date: [[Date]]

Signature: ____________________________ Date: [[Date]]

Buyer Certification

I/we acknowledge receipt of the disclosures described herein on [[Receipt Date]]. I/we understand the five (5) calendar day rescission right after SPDS receipt.

Buyer(s): [[Buyer Full Legal Name(s)]]

Signature: ____________________________ Date: [[Date]]

Signature: ____________________________ Date: [[Date]]

Agent / Broker Acknowledgment

Agent Name: [[Agent Full Name]]

Brokerage: [[Brokerage Name]]

Agency disclosure delivered: [[Date and Method]]

SPDS delivery confirmed: [[Date]]

Dual agency consent obtained (if applicable): [[Yes / No / N/A]] Date: [[Date]]

Signature: ____________________________ Date: [[Date]]

Disclaimer and Sources

Template example, not professional legal advice. This Arizona Real Estate Forms & Disclosure Guide is for informational and template purposes. It summarizes key requirements under Arizona statutes and federal law but is not a substitute for the official AAR SPDS form, current Arizona Department of Real Estate guidance, or advice from a licensed Arizona real estate attorney. Laws and forms change; always verify with primary sources and use current official forms. All variable information is shown using [[Token Name]] placeholders.

Primary Sources (as of June 2026):

• A.R.S. § 33-422, Seller disclosure requirements for residential property

• A.R.S. § 32-2151.02, Written agency disclosure requirements at first substantive contact

• A.R.S. Title 32, Chapter 20, Arizona real estate licensing and brokerage relationships

• A.R.S. § 33-1301 et seq., Arizona Residential Landlord and Tenant Act (related context for disclosures)

• 42 U.S.C. § 4852d and 24 C.F.R. Part 35, Residential Lead-Based Paint Hazard Reduction Act

• Arizona Association of Realtors (AAR) Residential Resale Real Estate Purchase Contract and SPDS form guidance

• Arizona Department of Real Estate rules and advisory opinions on agency and disclosures

• Federal Fair Housing Act and Arizona fair housing provisions (A.R.S. § 41-1491)

End of Arizona Real Estate Forms & Disclosure Guide Template