technical correction; seller; disclosure

HB4051 - technical correction; seller; disclosure

Education

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Kevin Volk
Last action
Official status
Effective date: Not listed

Plain English Breakdown

The exact consequences for failing to provide notice are not specified in the provided material.

Technical Correction for Seller's Disclosure

This bill amends a law requiring sellers of property that has been cleaned up due to harmful substances to inform buyers about the cleanup if they know it happened.

What This Bill Does

Amends Arizona Revised Statutes section 33-434.01 to clarify when owners must disclose soil remediation to potential buyers.
Requires written notice from sellers to buyers if the seller knows that the property has been subject to soil remediation under specific conditions.
Exempts sellers from providing written notice if the cleaned-up land meets safety standards for residential use.

Who It Names or Affects

People who own and sell properties in Arizona
Buyers of properties in Arizona

Terms To Know

soil remediation: Cleaning up soil that has harmful substances in it.
residential use: Using land for homes or places where people live, work, or go to school regularly.

Limits and Unknowns

The bill only changes one specific part of Arizona's laws.
It does not specify the consequences if a seller fails to provide required notice.

Bill History

No action history is stored for this bill yet.

Official Summary Text

HB4051 - technical correction; seller; disclosure

Current Bill Text

Read the full stored bill text

HB4051 - 572R - I Ver

REFERENCE TITLE:
technical correction; seller; disclosure

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 4051

Introduced by

Representative
Volk

AN
ACT

amending section 33-434.01, Arizona
Revised Statutes; relating to power to convey.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 33-434.01, Arizona Revised
Statutes, is amended to read:

START_STATUTE
33-434.01.

Seller's duty to disclose; soil remediation; definition

A. An owner of property that has been subject to
soil remediation conducted pursuant to
section 49-104,
subsection B, paragraph 16 shall

title 49, chapter 1,
article 4
, prior to transferring ownership of the property,
shall
give written notice of the remediation to the purchaser,
if the owner has actual knowledge that the property has been subject to soil
remediation. Written notice is not required where soil remediation
attains standards for residential uses in accordance with rules adopted
pursuant to
section 49-104, subsection B, paragraph 16

title 49, chapter 1, article 4
.

B. Actions brought under this section for failure of
the seller to provide such written notice to the purchaser shall proceed as
other civil actions.

C. For the purposes of this section,
the
term
"residential use" means those uses of remediated property
upon which there are dwellings where residents may reasonably be expected to be
in frequent, repeated contact with soil, or other uses where natural persons
are reasonably expected to be in similar contact, such as child care centers
and elementary schools.
END_STATUTE