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ARIZONA HOUSE OF REPRESENTATIVES57th Legislature, 2nd Regular Session |
House: LARA DP 5-3-0-0 |
HB 2023: land divisions; disclosure affidavit; recording
Sponsor: Representative Griffin
Caucus & COW
Overview
Modifies the information required for an affidavit of disclosure for selling certain parcels of land.
History
The seller and any subsequent seller of five or fewer parcels of non-subdivided land in an unincorporated area of a county is required to complete and furnish, at least seven days before the transfer of the property, a written affidavit of disclosure to the buyer. The buyer is required to acknowledge receipt of the affidavit and has the right to rescind the sales transaction for a period of five days after the affidavit of disclosure is furnished to the buyer. Subsequent affidavits supersede any previous affidavits.
Statute outlines information an affidavit of disclosure must contain. The seller must provide a notarized certification that the affidavit information is true, complete and correct. The seller is required to record the executed affidavit of disclosure at the same time that the deed is recorded. If the seller is a trustee of a subdivision trust, the disclosure affidavit must be provided by the subdivision trust beneficiary (A.R.S. § 33-422).
Provisions
1. Requires an affidavit of disclosure be completed by the seller and contain all statutorily specified information. (Sec. 1)
2. Allows a licensed escrow agent to record the affidavit of disclosure at a seller's request. (Sec. 1)
3. Requires a subsequent seller or licensed escrow agent for the subsequent transaction to complete and record a subsequently executed affidavit. (Sec. 1)
4. Specifies that a licensed escrow agent who records an affidavit or subsequent affidavit is not liable for any inaccurate or omitted information. (Sec. 1)
5. Expands the information required in an affidavit of disclosure to include:
a. specified information about a property's private well, if applicable; and
b. specified information about a property's on-site wastewater treatment facility and its inspection, if applicable. (Sec. 1)
6. Exempts trustee's sales, execution sales, mortgage foreclosures and sales by a personal representative of an estate from being required to provide an affidavit. (Sec. 1)
7. Adds informative notices to affidavit language, including notice that:
a. it is a buyer's responsibility to inspect a private well;
b. water delivery systems or water hauling may be required depending on geologic conditions;
c. water hauling is acceptable;
d. septic systems are lawful;
e. cesspools are not lawful; and
f. cesspools cannot be used for sewage disposal by an individual. (Sec. 1)
8. Requires the beneficiary of a subdivision trust to provide the outlined disclosure affidavit if the seller is a trustee of a subdivision trust. (Sec. 1)
9. Specifies that a seller or subsequent seller does not include a personal representative acting on behalf of an estate that is selling the property. (Sec. 1)
10. Makes technical and conforming changes. (Sec. 1)
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14. Initials CW/RS HB 2023
15. 2/13/2026 Page 0 Caucus & COW
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