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HB2023 - 572R - H Ver
House Engrossed
land divisions;
disclosure affidavit; recording
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HOUSE BILL 2023
AN
ACT
amending section 33-422, Arizona Revised
Statutes; relating to property.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it
enacted by the Legislature of the State of Arizona:
Section 1. Section 33-422, Arizona Revised
Statutes, is amended to read:
START_STATUTE
33-422.
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 DEPARTMENT OF WATER RESOURCES
☐
UNKNOWN. THE WELL
☐
DOES
☐
DOES
NOT HAVE A PUMP COMPLETION REPORT ON FILE WITH THE 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 ◻
is ◻ is not located in a basin or subbasin from which groundwater
may be transported away pursuant to title 45, chapter 2, article 8.1,
a.r.s. If the property is located in such a basin or subbasin, the
seller shall disclose the basin or subbasin that the property is located in:
◻ BUTLER
VALLEY GROUNDWATER BASIN.
◻ MCMULLEN
VALLEY GROUNDWATER BASIN.
◻ HARQUAHALA
IRRIGATION NON-EXPANSION AREA.
◻ BIG CHINO GROUNDWATER
SUBBASIN.
NOTICE TO BUYER: PURSUANT TO TITLE 45, CHAPTER 2,
ARTICLE 8.1, a.r.s., AN ELIGIBLE ENTITY LOCATED OUTSIDE OF A BASIN OR SUBBASIN
LISTED ABOVE MAY LAWFULLY WITHDRAW AND TRANSPORT GROUNDWATER AWAY FROM SUCH a
BASIN OR SUBBASIN TO THE LOCATIONS AND FOR THE PURPOSES allowed BY THAT
ARTICLE. THE WITHDRAWAL AND TRANSPORTATION OF GROUNDWATER PURSUANT TO that
ARTICLE MAY RESULT IN DAMAGE TO RESIDENTS OF SURROUNDING LANDS AND OTHER WATER
USERS, WHICH THE ELIGIBLE ENTITY MAY BE REQUIRED TO MITIGATE.
12.
13.
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.
14.
THE
DATE THE ON-SITE WASTEWATER TREATMENT FACILITY WAS LAST INSPECTED: __(DATE)__
□
UNKNOWN.
14.
15.
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.
15.
16.
The property ◻ has
been ◻ has not been . . . . subject to a percolation
test. ◻ unknown.
16.
17.
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:
_______________
17.
18.
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: ____________
18.
19.
The property ◻ does
◻ does not . . . . meet the minimum applicable county
zoning requirements of the applicable zoning designation.
19.
20.
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:
____________________________________________________
______________________________________________________________
______________________________________________________________
20.
21.
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.)
21.
22.
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.)
22.
23.
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.)
23.
24.
The property ◻ is
◻ is not located under military restricted airspace. ◻ unknown.
(Maps are available at the state real estate department's website.)
24.
25.
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.)
25.
26.
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.)
26.
27.
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.
28. If
the property was sold pursuant to a trustee's sale, execution sale, mortgage
foreclosure or by a personal representative of an estate, those sellers are
exempt from providing an affidavit. 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