technical correction; seller; disclosure

Plain English Breakdown

The bill is labeled as a 'technical correction,' but the source text shows substantive language regarding disclosure duties and definitions. The exact nature of the error being corrected (e.g., grammar vs. substance) is not explicitly detailed in the provided excerpt.

HB4051: Technical Correction on Seller Disclosure for Soil Cleanup

This bill makes a technical correction to the law requiring property sellers in Arizona to tell buyers if their land was cleaned up from soil pollution.

What This Bill Does

• Amends section 33-434.01 of the Arizona Revised Statutes regarding seller disclosure duties.
• Requires owners with actual knowledge that their property had soil remediation to give written notice before selling, unless specific safety standards are met.
• States that lawsuits against sellers for failing to provide this notice will follow standard civil court rules.

Who It Names or Affects

• Owners of Arizona properties where soil cleanup was done under state law section 49-104(B)(16).
• People buying those properties.
• Courts handling cases about missing disclosure notices.

Terms To Know

Soil remediation

The process of cleaning up soil that has been polluted or contaminated, as conducted under specific state laws.

Residential use

Uses where people live in dwellings and are expected to have frequent contact with the soil, such as child care centers and elementary schools.

Limits and Unknowns

• Written notice is not required if the cleanup meets state safety standards for residential uses.
• The requirement only applies if the owner actually knows about the past soil remediation.
• The official text provided does not list a specific effective date.

Official Summary Text

HB4051 - technical correction; seller; disclosure

Current 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