The Arizona Revised Statutes have been updated to include the revised sections from the 55th Legislature, 1st Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 55th Legislature, 2nd Regular Session, which convenes in January 2022.
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33-434.01 - Seller's duty to disclose; soil remediation; definition
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, prior to transferring ownership of the property, 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.
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.