33-422. Land divisions; recording; disclosure affidavit

(L08, Ch. 196, sec. 7 & Ch. 271, sec. 4. Eff. until 10/1/11)

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 parcel shall 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. No release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is 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 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.

F. The affidavit of disclosure shall 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. § 11-809 . . . . ( 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.

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).

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. For more information about water supply, contact the water provider.

11. 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.

12. The property ( has been ( has not been . . . . subject to a percolation test. ( unknown.

13. The property ( does ( does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation.

14. The sale of the property ( does ( does not . . . meet the requirements of A.R.S. § 11-809 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. The seller or property owner shall disclose each of the deficiencies to the buyer.

Explain: ____________________________________________________

______________________________________________________________

______________________________________________________________

15. 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.)

16. 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.)

17. 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.)

18. The property ( is ( is not located under military restricted airspace. ( unknown. (Maps are available at the state real estate department's website.)

19. The property ( is ( is not located in a military electronics range as defined in A.R.S. sections 9-500.28 and 11-812. ( unknown. (Maps are available at the state real estate department's website.)

20. 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: ____________________________________________________

______________________________________________________________

______________________________________________________________

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. For the purposes of this section, seller and subsequent seller do not include a trustee of a deed of trust who is selling property by a trustee's sale pursuant to title 33, chapter 6.1 or any officer who is selling property by execution sale pursuant to title 12, chapter 9 and title 33, chapter 6. 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.

33-422. Land divisions; recording; disclosure affidavit

(L08, Ch. 196, sec. 7 & Ch. 271, sec. 4. Eff. until 10/1/11)

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 parcel shall 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. No release or waiver of a seller's liability arising out of any omission or misrepresentation contained in an affidavit of disclosure is 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 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.

F. The affidavit of disclosure shall 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. § 11-809 . . . . ( 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.

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).

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. For more information about water supply, contact the water provider.

11. 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.

12. The property ( has been ( has not been . . . . subject to a percolation test. ( unknown.

13. The property ( does ( does not . . . . meet the minimum applicable county zoning requirements of the applicable zoning designation.

14. The sale of the property ( does ( does not . . . meet the requirements of A.R.S. § 11-809 regarding land divisions. If those requirements are not met, the property owner may not be able to obtain a building permit. The seller or property owner shall disclose each of the deficiencies to the buyer.

Explain: ____________________________________________________

______________________________________________________________

______________________________________________________________

15. 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.)

16. 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.)

17. 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.)

18. The property ( is ( is not located under military restricted airspace. ( unknown. (Maps are available at the state real estate department's website.)

19. The property ( is ( is not located in a military electronics range as defined in A.R.S. sections 9-500.28 and 11-812. ( unknown. (Maps are available at the state real estate department's website.)

20. 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: ____________________________________________________

______________________________________________________________

______________________________________________________________

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. For the purposes of this section, seller and subsequent seller do not include a trustee of a deed of trust who is selling property by a trustee's sale pursuant to title 33, chapter 6.1 or any officer who is selling property by execution sale pursuant to title 12, chapter 9 and title 33, chapter 6. 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.