Seller disclosure in Arizona: SPDS, statute and lead paint

Does Arizona law require a seller disclosure form?

The Arizona statutes read for this page do not set a general, statewide disclosure form for the resale of a home, and they do not set its contents or a buyer’s cancellation period for one. You may be handed a Seller’s Property Disclosure Statement (SPDS) in an Arizona transaction, but the statutes cited here do not prescribe it. Confirm the current form and any requirement with the Arizona Department of Real Estate, and with your agent or attorney.

Specific statutes do require disclosures in particular situations. They are covered below.

What does A.R.S. § 32-2156 protect a seller from disclosing?

The statute says no criminal, civil or administrative action may be brought against a transferor or lessor of real property, or a licensee, for failing to disclose that the property is or has been:

1. The site of a natural death, suicide, homicide or any other felony.
2. Owned or occupied by a person exposed to HIV, or diagnosed with AIDS or any other disease not known to be transmitted through common occupancy of real estate.
3. Located in the vicinity of a sex offender.

Failing to disclose these facts is also not grounds for terminating or rescinding a sale (§ 32-2156(B)). The protection covers those three categories only. It does not say a seller can stay silent about a leaking roof or a known defect.

Which disclosures does Arizona require in specific cases?

Read your contract and HOA documents for anything beyond this list.

What is the federal lead-based paint rule for homes built before 1978?

The EPA’s Lead-Based Paint Disclosure Rule applies to most private housing built before 1978. Before the buyer signs a contract, the seller and the agent must:

• Give the buyer the pamphlet “Protect Your Family From Lead in Your Home.”
• Disclose any known lead-based paint or hazards, and share available records and reports.
• Provide a “Lead Warning Statement,” which can be part of the contract.
• Give the buyer a 10-day period to test for lead-based paint, which the parties can lengthen or shorten in writing and the buyer can waive.
• Keep a signed copy of the disclosures for three years after the sale.

The rule does not apply to housing built after 1977, foreclosure sales, or housing that a certified inspector found free of lead-based paint, among other exceptions (EPA). The EPA says sellers, agents and managers who do not give the required information may face penalties.

What happens if a seller does not disclose?

For the three categories in § 32-2156, nothing: the statute bars the action. For the cases in the table above, the statute itself sets the buyer’s remedy where it says so, such as the five-day rescission right in § 33-422. For lead-based paint, the EPA enforces the rule.

For other defects, the Arizona statutes read for this page do not set a general penalty. A licensed agent who misrepresents a property can face license discipline: the commissioner may suspend or revoke a license for a course of misrepresentation or false promises (A.R.S. § 32-2153(A)(1)). Any claim against a seller is a legal question. See a lawyer, and read do you need a real estate attorney in Arizona.

How should a buyer protect themselves?

A seller’s form is the seller’s statement, not an inspection. Hire a certified inspector: see how to verify a license in Arizona and our guide on home inspection cost. Ask for HOA documents early, and compare them with the contract. For the steps from offer to closing, see home buying steps.